case whether and richard Fitzgerald executor of Richard Fitzgerald vers crag  in a action upon a joint obligation it must appear that all execute it or  otherwise it will be have ld raym salk salk holt Mod term Rep cro car this be  a action of debt upon a bind make to the testator after oyer of the obligation  and condition by which it appear that the defendant and two other be name to  be joint and several bind to the testator the defendant plead in bar a  covenant make by the testator to he that he shall not be sue upon this bind  that be make by the defendant and two other the plaintiff reply non be factum  testator whereupon issue be join and a verdict for the defendant and now  sergeant Pratt move that the defendant may plead over again for that he can  not plead this covenant of the testator in bar but can only take advantage of  that by action of covenant and cro Elizabeth Carth comb SC Bac Abr bull Ni Pri  edit p a and the difference be where a man make a bind to a single person and  he make a covenant that he will not sue the obligor this may be plead in bar  for it amount to a release and discharge of the action but where there be more  obligors and the obligee covenant that he will not sue one of they this will  not amount to a release for then all the obligors will be discharge where two  be joint and several bind in a bind a release to the one discharge the other  ld raym cro car but the defendant may have covenant if he be sue and so it be  resolve in the case of Tracy and Kenaston salk salk ld raym SC Mod S c a in b  r Trin W which be enter mich W rot and so it seem to be allow by the court but  Trevor c j object that it do not appear by the record that the two other  execute the bind comens for though by oyer of the bind it appear that they be  name in the obligation yet if they do not seal and execute it it will not  avail and this shall appear by averment or otherwise upon the record for it do  not appear it shall not be intend so it be adjourn and afterward in hill the  that of the queen it be urge that the deed in which the covenant be recite  that the defendant and the two other be joint and several bind to the testator  and thereupon he covenant not to sue the defendant upon the say bind and that  the defendant be bind by the recital as a lessee will be estopped by a recital  in a lease but the court do not much regard this then it be urge that the  covenant be not to sue upon the say bind videlicet upon the obligation in  which the defendant and two other be joint and several bind that the defendant  in plead this matter to the action of the plaintiff upon this bind allow it to  be a bind in which the defendant and two other be bind otherwise the covenant  will not extend to it and for this cause it be order that he shall plead again  comens de term sanct hill whether in c b