case goodman against William knight Trinity term James roll if in a covenant  the name of a person not a party to it be insert and word introduce which be  insensible a declaration thereon omit the name of that person and the  insensible word be good dougl covenant the declaration state that the  defendant and one Agnes knight by such a indenture bargain sell feoff and  confirm to the plaintiff land in fee in Wentmore recite that Robert knight by  his will in write devise those land to he in fee and that the say William  knight covenant with the plaintiff that he and the say Agnes tunc to have army  prediction ultimae will full power good law et fixed by law origination to  alien and sell the say land to the plaintiff in fee and assign the breach that  Robert knight die seize of the say land and make not any will whereby the land  descend to John croak throw knight his heir who enter and expel the plaintiff  for which he bring this action the defendant demand oyer of the indenture  which be enter in haec word the defendant thereupon demurrer general and the  cause be for that the declaration vary from the indenture videlicet because  the covenant be in this manner and the say William knight and Thomas knight  whereas Thomas be not party to the indenture nor ensealed the same do covenant  for they and their heir to and with the say Thomas goodman that they the say  William knight and Agnes now have his heir and assign by force and virtue of  the say will do own full power good right and lawful authority to alien c for  this variance betwixt the covenant mention in the declaration and this  indenture show Richardson sergeant move that the declaration be not good for  the covenant as it be in the indenture be void and insensible whereof no  benefit can be take but all the court hold that the declaration be good for  the addition of Thomas I night in the covenant be idle he be no party to the  indenture and for this cause the omission of he in the declaration be as it  ought to be also the word of the covenant his heir and assign by force c do  own c be insensible the party in the declaration omit they and recite the  covenant in that which be sensible and lie the breach therein be good enough  and he need not show that which be insensible wherefore it be adjudge for the  plaintiff