case foster and wilson against Mapes Trinity term Elizabeth roll if one party  execute a indenture it shall he his deed thol the other party do not execute  it hob   light a I wood con term Rep if a covenant he against the act of a  particular person interruption assign as a breach be good without show by what  title post I roll Abr hob lev vent stram t Rep covenant upon a indenture the  defendant plead non be factum and the jury find that this deed indent be make  hetween the plaintiff and the defendant and that the defendant do seal his  part and deliver it to the plaintiff but they do not deliver their part c el  si c and the court without argument hold clear that it be a good deed to  charge the defendant and Fenner say it have been adjudge that if a man croak  Elizabeth bargain and sell his land by indenture and the bargainer do deliver  his part of the say indenture and the other never deliver his counterpart yet  it be good and for this point they resoli d to give judgement for the  plaintiff but afterward Hobart move in arrest of judgement that a sufficient  breach be not assign for the covenant be that whereas he have let to the  plaintiff the parsonage of b that he will save they harmless concern it  against m blunt and they allege that m blunt enter upon they and put they out  and that he a see this case move again and adjudge for the plaintiff post  croak Elizabeth er p be parson at the time of the entry which be not  sufficient allege for it be not aver that the entry of m b be lawful and if  his entry be not lawful it be no breach of covenant for it be intend of a  lawful interruption curian contra for when the covenant be to save they  harmless against a person certain he ought to defend he against the entry of  that person he it by law or tort for he be damnified if he he disturhed though  by wrong as Edward pl but if the covenant have been to save he harmless  against all person there it shall he take for a lawful entry or eviction and  the word to save harmless amount to more than a warranty for that be for  lawful title but here it be to he intend that m blunt have good title for it  be allege that he be parson and this be of the rectory and that he enter and  let it by which it shall he intend he have interest and it be adjudge for the  plaintiff