case thomas against ware Trinity term Elizabeth roll quere if where one of the  party to a lease agree that he will do a act sub pond forisfacturce his  interest therein it shall he construe mutual and thereby form a condition  instead of a covenant post roll Abr cro Leon Com dig wood con dougl the breach  of a condition not sufficient show Ejectionefirmce the plaintiff declare of a  lease make to he of the manor of MiddletonCheney by a b and c the defendant do  entitle himself by a lease of the bishop of Rochester long time before the  lessors of the plaintiff c the plaintiff by replication confess the lease but  that it be by indenture and the defendant by it do covenant that he shall not  put out or disturb any of the tenant of their tenancies inhabit there within  the say manor do their duty accord to the custom of the manor sub pcend  forisfacturce of his interest and show that for that the defendant have oust  one Ann green One to hold et to dwell in ibidem of the tenement parcel of the  say manor recently in possession el occupation dict a green for this cause the  bishop enter for condition break and let it to the lessors of the plaintiff  and upon this the defendant do demurrer in law and the cause allege be that  this be no condition but only a covenant for they be the word of the lessee  only and not of the lessor but if the word have been it be covenantee hetween  t m c it have been otherwise Henry dyer upon this difference Houghton contra  although the word find as the word of the lessee yet be by indenture they be  the word of the one and other and although the word find in covenant yet the  intent of they be to defeat the estate which can be by cove croak Elizabeth er  p nant but by condition Browning v Heeston a and he cite a case to he adiudzed  hetween hill and Lockson where the lessee covenant to grind his corn at the  mill of the lord and other covenant and in the end of the indenture he do  covenant to perform all the covenant within the same c sub pmnd forisfacture  and for not grind his corn c the lessor enter and adjudge for he and rely also  upon Henry pl Edward annuity where the word of one in a deed shall he construe  the word of the other and of that opinion be Wray and gawdy clear croak  Elizabeth but Tanfield move though it he a condition yet the breach be not  sufficient show first because he say that he oust Ann green one of the tenant  and inhabitant there out of the land nu per in possession el occupation a g  and it may he she be tenant at will or have no lawful estate but by seize and  it ought to have been recently in tenurd el occupation a g second that he oust  a g quce fecit debt is owed suum before expulsion which may he she do it at  once and not always as she ought to do three it be not say she do her duty  accord to the custom of the manor but qubd fecit debt is owed which may he  intend only in do reverence and not in do her duty accord to the custom of the  manor and these and other fault be hold incurable and thereupon it be adjudge  for the defendant