case FAVELY against easton Hilary term car roll a fine levy of land call  Eastons lie in Morchard by the name of so many acre of land lie in Essington  Easton and Chilford be good although there be not any land know by the dame of  Eastons nor any so call in Morebard or in Essington or in Chilford post Jones  godb cro James and vent Mod Com dig Bac Abr cruise Cowp ejectment of a message  and two hundred acre of land fifty acre of meadow and twenty acre of wood in  bishop Morchard upon not guilty plead and a special verdict it appear that  John Easton tenant in tail to he and the heir male of his body of this message  and land call Eastons lie in bishop Morchard levy a fine thereof by the name  of a message and two hundred acre of land fifty acre c in Essington Easton and  Chilford to the use of he and his heir and they find that there be not any  will or hamlet or place know by the name of the message or tenement call  Eastons out of the will or hamlet and that none of the say tenement either be  or be in Essington or in Chilford the question be whether upon this matter  find a fine levy of land in place know in a will not mention the will or  hamlet where the land be be good croak car Grimston argue that ib be not good  for a fine ought to be of land in a will or hamlet name the will or hamlet  wherein they lie or the place know out of every will or hamlet but not of land  in place know in a will as here a place know without mention the will but  calthrop for the plaintiff argue that the fine be good because it be a  personal action and although the covenant be real in respect it concern land  yet the action be personal and as personal action may be bring of land in  place know by the same reason fine may be levy vide I Henry pl per hale Edward  pl Edward pl Edward pl Edward fine brook pl for a second reason a fine be but  a assurance by agreement betwixt the party which may be by such name as the  party agree and he cite for that a case in this court of monk v butler a and  Richardson and Jones be of this opinion and myself agree with they for a fine  be but a assurance be favourable to be take as a recovery of a advowson or  pension though it be not proper yet be suffer have be adjudge good because it  be but a common assurance although not Allowable in other action as in dorm  case b be resolve so this fine be levy and record be good enough but the court  will advice further thereof c