ccxi degory and roe case debt deed when to take effect degory bring debt upon  a obligation against roe as heir to his ancestor the defendant plead that his  ancestor by his deed do covenant with sir W winter and a marsh to stand seize  to the use of himself for life and afterward to the use of the defendant and  his heir and so he have nothing by descent the plaintiff to fold back say non  it agrees together agreed and it be find by special verdict that such a deed  of covenant be make by the ancestor of the defendant but the first use be  limit to the covenantor and his wife for their life c and that he deliver the  same to I S as his deed to the use of the say sir W winter and the say marsh  if the say sir W winter will agree to the same and take the charge of it upon  he and if he will not agree that then it shall not be his deed and Leonard  further find that sir W winter die before any agreement and it be move by  periam if the same be present the deed of the ancestor or if it do not take  effect till the condition be perform cognizant until sir W winter have agree  to it see h and by walmesly the same be not the deed of the ancestor until sir  William have agree but by Anderson and periam although sir William winter do  not agree to it yet it be the deed of roe for although a deed be upon  condition ut above yet because be deliver it as his deed and the condition be  subsequent to it it shall be take for his deed and the condition after shall  be void because repugnant for although that in estate limit to man the estate  may be precedent and the condition subsequent and the not performance of the  condition may destroy the estate for the estate be always subject to the  condition yet it be not so in deed for be once the deed of the party it can  never cease to be his deed after it be once deliver as his deed Owen although  the same be the deed of the party yet it be not Leonard er p well plead he  conceive the issue be find against he for the covenant be plead to stand seize  unto the use of himself for life the remainder over to which the plaintiff to  fold back say non it agrees together agreed so as the issue be if any such  deed of covenant be and the jury find that the covenant be to stand seize to  the use of himself and his wife c so as it be not such a deed as the defendant  have plead for other estate be limit by it and therefore it shall not be  intend the same deed periam the same be not material for the substance of the  plea be nothing by descent c and it be adjourn trin Elizabeth in the common  plead