case doctor ford et wife against HOLLINGBOROUGH Trinity term Elizabeth roll a  bind to pay a annuity to a if he or his assign shall or may occupy the land  let to he by b be forfeit by nonpayment to a although the obligor have  surrender the land to b hob hetl yely Poph Owen more wood con Doug term Rep  debt upon a obligation bring by the plaintiff and his wife executrix of dr  Drury the condition be that whereas dr Drury have let land to the defendant  for seventeen year if the defendant or his executor do pay to Dorothy  Goldingbam ten pound yearly during the seventeen year if he or his assign and  all other person that shall claim the say land under he shall or may so long  occupy the same land c that then c the defendant plead that within five year c  he surrender the say land to dr Drury and that all time before he pay the ten  pound and upon this it be demurrer in law coke argue for the defendant for  that his estate be end by the act and assent of the obligee himself who be to  take advantage of it and therefore the action do not lie Tanfield contra all  the court hold that the action do lie for the condition be collateral to pay  money to a stranger so long as he or his assignee may enjoy the land here  though he surrender yet to a stranger his estate be not determine but be in be  and this be a act to he do by he to a stranger which the obligee shall not  estop he to do and the obligee who have the reversion and who be in by the  surrender be as to a stranger in by he and under his title and occupy as his  assignee also the word be if he shall or may enjoy c and here he may have  enjoy it and therefore during the time he may have enjoy it he be to pay it  but Popham say if the condition have been if he or his assignee or those who  shall occupy the land shall pay the money and after he have surrender to the  obligee and he do not pay it the obligation have not been forfeit for the  obligee in that case be the party that be to pay it and he shall not take  advantage of the nonpayment as re bar wherefore it be adjudge for the  plaintiff croak Elizabeth er p