bag against foster on a demurrer a agreement contain in the condition of a  bind shall not be turn into a collateral execution by decree of the land  William bushel on his marriage with Dorcas his wife enter into a bind of to  trustee to her use in August condition to be void if he do not within two  month settle the land in question on those trustee to the use of himself and  Dorcas and their heir in November next after William bushel covenant with one  of the trustee to stand seize of those land to the use of himself for life  remainder to Dorcas for life remainder to his first and ten son in tail  remainder to his own right heir William bushel die without issue Dorcas  survive many year and marry with one bag by who she have issue the plaintiff  her son and heir a infant and now in his behalf the bill be bring against the  defendant who claim tinder the heir of William bushel to enforce a conveyance  accord to the condition of the bind case in chancery er p for the defendant it  be demurrer unto for that the bind be in and William bushel in November after  make a settlement ut above to which one of the trustee be a party and for that  there be no issue of the plaintiff mother and William bushel and the plaintiff  a mere stranger to William bushel be the child of Dorcas by another husband  and that the conveyance ut above ought reasonable to be intend for a  performance of the marriage agreement and at least that the plaintiff ought  not to have any relief in equity it not appear that any possession have go  accord to the bind or that any relief be till now seek though it be one and  twenty year since on the argument of the demurrer it be for the defendant  insist that there be no agreement but what be in the condition of the bind and  no article or agreement beside and the bind two and twenty year old and such  settlement ut above make unto one of the case in chancery oblige of the same  land mention in the condition though not to the same use and Dorcas never  question it in her life and the agreement be secure by penalty which be rely  upon that this case do differ much from a agreement by article to settle land  for here the party rest on a penalty and there be no reason to turn such a  agreement as this be into a collateral execution by decree the land which the  court do conceive reasonable and so allow the demurrer the Lord keeper