case richard hay against robert hay Hilary term car roll where joint claimant  submit to a arbitration and enter into separate bind to the opposite party to  abide by the award if the award be general that such joint claimant shall do a  entire thing each of they be bind for the performance of the whole award  although their bind be several roll Abr Lutw Plowd Bac Abr Com dig kyds  treatise of award debt upon a obligation of one thousand pound condition for  the performance of the arbitrament of Henry clerk and Robert sharp of the  middle temple esquire of all controversy and demand betwixt the say Richard  hay and Robert hay the defendant plead quod no one to make arbitration the  plaintiff reply that Robert hay father of the plaintiff and defendant be seize  in fee of diverse land in ken and have issue the plaintiff Richard hay the  defendant Robert hay and William hay and devise diverse land to the say Robert  and William and that there be controversy betwixt the plaintiff and the say  Robert and William concern the say land for which the plaintiff enter into  bind to the say Robert and William to perform the award of the say arbitrator  and that Robert at that time enter into one bind by himself and William at the  same time into another bind to perform the say award and show their  arbitrament that Richard shall release to the say Robert and William c and  that Robert and William shall pa that to the say Richard three hundred pound  at such a time and place and for nonpayment of the say three hundred pound the  breach be assign the defendant hereupon demurrer Farrer argue for the  defendant that this arbitrament be void for the defendant bind be for a  reference of all controversy betwixt Richard and Robert and William be not  mention in the bind and the award be betwixt Richard Robert and William and  that William and Robert shall pay such a sum and the breach be allege therein  and for any thing that appear in the bind and condition William be a stranger  to the submission unless by this collateral surmise which surmise be not  Allowable also this surmise be quasi a departure from the declaration but  after diverse argument at the bar all the court resolve that the replication  be good enough to maintain the arbitrament notwithstanding this objection  forasmuch as this be not a bare surmise but ground on a deed which be of as  high a nature as the other and make at the same time it be quasi but one  submission croak car by several bind and so the surmise be Allowable and stand  well with the bind in question and although the two brother do not join in one  bind of submission because they will not be bind one for the other yet when at  the same time they enter into several bind to perform the award it be but as  one submission and be n t any departure from the declaration for it be not fit  that the declaration which be croak car er p but for the debt upon the bind of  Robert shall mention any such submission but it suffice to show it by the  replication to maintain this arbitrament the second objection be that this  arbitrament be not good because the submission be only for land whereof the  father be seize at the day of his death and devise or mention to be devise to  the say William and Robert or to the use of they and the arbitrament be that  he shall make a release of his right in the land convey or devise and there be  no authority to meddle with the land conveyed Sed non allocatur for it shall  not be intend that there be any land convey to make the arbitrament void  unless it have be show and the breach be assig ed for the nonpayment of the  three hundred pound award wherefore rule be give that jud r ent shall be enter  for the plaintiff