case Griggs case on a covenant to levy a fine the covenantor be not oblige to  acknowledge a note of a fine for other land a feoff b for a valuable  consideration of land in Hilton in the parish of massum and covenant that he  and his wife shall make further assurance to the fee the feoff enjoy the  possession for twentythree year and then send to the feoff and his wife desire  they will acknowledge the note of a fine before commissioner of his land in  the parish of massum which the feoff refuse on which a action be bring it be  object that the defendant shall not refuse the note of a fine for contain more  acre than he ought to pass by the fine because the admeasurement may not agree  as cro James Bulst more draper contra that have more land in the parish than  pass by the feoff be be not oblige to acknowledge that note and the feoff and  his wife be excusable if any prejudice may arise from it and though no more  land may pass by the fine than be contain in the feoff yet the wife will be  bar of her dower in the rest and cite Bulst roll Rep modern will chief justice  this case do not depend on the authority of the case cite on either side if on  a covenant to levy a fine the note of the fine with which the covenantor be  serve contain a few more acre it be no excuse to refuse it but when the note  contain other land it be quite different and the land in the note in the  present case be in another place than the land in the feoff be there be no  covenant on the wife part nor be she oblige to bar herself of her dower and  the note do not speak of Hilton but the parish of massum modern er p fortescue  aland justice say the fine can enure to no other use but to bar her of her  dower in the other land and for this last reason in Trinity term follow  judgement nisi be give this term be then confirm modern trinity term the  thirteenth of George the second in the common plea sir John will Knt chief  justice sir Alexander Denton Knt sir John fortescue aland Knt sir William  fortescue Knt justice Dudley rider Esq attorneygeneral John strange Esq  solicitor general