case anonymous if a b senior and a b junior be joint and several bind in a  bind but in recite their name in the condition the word young be omit the  obligee in debt on the bind be not estopped to aver that the say a b junior be  the person name in the condition for it be consistent with the record I Ro ab  Mod term Rep term Rep a action of debt be bring upon a bind against the  defendant in which bind the say a b the elder and a b the young be joint and  several bind in the penal sum of one thousand pound condition that if the  above bind a b omit the word young do and shall forbear know and wit to come  to or write letter unto c the wife of d that then the obligation to be void  the defendant plead that he do not come to or write letter to the say c know c  the plaintiff reply that he exhibit a information against a b the young show  in what term and that it be agree between they that in consideration he will  forbear to prosecute the same the say a b the elder together with a b the  young shall become bind to the plaintiff in one thousand pound that the say a  b the young shall not know or wit come into the company c then set forth the  bind and the condition thereof at large and aver that a b in the condition  mention be a b the young and far that the say a b the young do afterward know  come into the company c the defendant rejoin and say that the plaintiff ought  not to aver that the aforesaid a b the young be the person in the condition of  the say bind c the plaintiff demurrer the question be whether the plaintiff be  estopped by the word in the condition to make such a averment it be argue for  the plaintiff that he may make such a averment which be to reduce a thing to a  certainty which be very uncertain before if it be not repugnant in itself nay  sometime a averment do reduce contradictory thing to a certainty it be plain  that a b the young be bind in this bind the objection be that a b the elder be  of the name and be likewise bind that the condition may refer to either modern  it be agree there be many case where a man shall be estopped to aver against a  record but this averment be not contradictory to anything in the record for it  appear by the plead that the information be prosecute against a b the young  and therefore he must be intend to be bind not to come to the say c know c if  a estate shall be devise to a and the name of the testator omit in the will  yet the devise be good by a averment of the name and by proof that it be his  intention to give it he by his will Leon vern Prec Chan a so if the plaintiff  shall claim a title under the grant of such a person knight and the jury find  he be a esquire but that the knight and the esquire be both the same person  this be a good declaration Litt Rep b it be usual to make a allegation even  against the express word of a condition to show the truth of a agreement as  where debt be bring upon a bind of a hundred pound condition to pay fifty  pound within six month the defendant plead the statute of usury the plaintiff  reply that he lend the money for a year and allege that by the mistake of the  scrivener the bind be make Payable in six month the defendant rejoin that it  be lend for six month only and upon a demurrer this be adjudge to be a good  allegation Nevison v Whitley cro car see also fitzg c modern er p though it be  against the very word of the condition which be a strong case than this at the  bar because the averment consist with the condition of the bind see Hinton v  Rossey ante d if a man shall levy a fine and declare the use thereof to his  son William and he have two son of that name and then a averment be make that  he intend to declare the use to his young son of that name this averment out  of the fine have be adjudge good     dyer e for the same reason give already  which be because it stand with the word thereof and it be a good issue to be  try it can be object that the bind be illegal be enter into for the not  prosecute of a information because a nolle attendance be enter as to that  matter so it be the act of the court last it be say that every estoppel must  be certain to every intent see king v horn Cowp a description of the three  kind of certainty and Douglas that certainty to a certain intent in every  particular be necessary in estoppels f which can be in this case for by the  word of this condition it be uncertain which of the obligors shall be intend e  contra it be argue that a estoppel be as well intend by law as express by word  and that if a averment can be take yet this be not well because the plaintiff  have absolute aver that a b in the condition be a b the young he modern shall  have say that a b in the condition be intend a b the young which may have be  traverse and issue take thereon No judgement be give for this case be end by  compromise