case kirby against HANSAKER on a covenant for enjoyment without eviction a  breach that a stranger recover in ejectment be not good without show elder  title although there be a rejoinder that the recovery be by covin ante post  cro car hob Mod Mod sand lev lev Bac ab cro Elizabeth Com dig term Rep c b  term Rep on a issue that a recovery be by covin and not by lawful title try at  bar the jury shall be from the county where the land lie error in the  exchequer Chamber of a judgement in debt upon a obligation of six hundred  pound the error be assign because there be not a sufficient breach allege for  the condition be that he shall enjoy such land without eviction the breach be  assign in the recovery by verdict in ejectment upon a lease make by one Essex  and do not show what title Essex have to make the lease but aver that Essex  have good title and it may be he have title derive from the plaintiff himself  after the obligation make and therefore he ought to show that he have good and  eigne title before the lease make and for this cause all the judge and baron  hold the replication to be ill for it ought to comprehend a full and manifest  breach otherwise it be not good and although in this case issue be take that  the recovery be by covin and not by lawful title and find for the plaintiff  that it be not a recovery by covin but by lawful title yet that help not the  replication be ill wherefore it be reverse note this exception be take in the  king bench after verdict before judgement and disallow because the verdict  have make it good also another exception be take there for that the trial be  by a jury of the county of Berks where it ought to have be by a jury of the  county of Middlesex the trial be at Exehequer bar the question be whether the  recovery be by covin but because the question be not only of the covin but  whether it be upon true title for then it can not be by covin therefore the  trial by the jury of the county where the land lie be good enough but to this  point no answer be make upon the writ of error