Bridgman I pasch Jacob between thomas palmer knight plaintiff richard  GREENWILL and edward GREENWILL executor of John Greenwill defendant rot in a  action of debt on a bind of fifty pound enter into by the testator the of  novemb James the defendant demand oyer of the bind and condition which be that  if the testator his heir executor and assign do perform all the covenant  comprise in certain indenture hear date with the obligation make between the  plaintiff on the one part and the testator of the other part that the  obligation shall be void and the defendant plead that the plaintiff by the say  indenture do let to the testator a house and the moiety of his land amount to  about thirty rod of land in Pollicote to have c from Michaelmas last pass for  seven year render twenty pound rend and show that the testator do covenant by  the same indenture for he his executor and assign with the plaintiff his heir  and assign within two year after the beginning of the say lease to deliver or  cause to be deliver to the plaintiff or his assign a map or plot make in  distinct manner by man of skill as well of all the land in little Pollicot as  be then in his occupation and in the occupation of Thomas cocker and John  crook parcel of the demise of the plaintiff in Pollicot aforesaid as of all  the land in the occupation of the testator by a lease of Lincoln college in  Pollicot aforesaid which be all the covenant c and plead that the testator in  his life time and the defendant after his death have perform all the covenant  c the plaintiff reply that the testator within two year after the beginning of  the lease do not deliver or cause to be deliver to the plaintiff or his  assiornes a map or plot make in distinct manner by surveyor and man of skill  of all the land in little Pollicot aforesaid in his occupation and in the  occupation of the say Thomas cocker and John crook parcel of the aforesaid  demise of the plaintiff in Pollicot aforesaid secundum form effecetum  indenture proadict upon which replication the defendant demurrer in law and I  conceive judgement ought to be give for they against the plaintiff first the  plaintiff reply that the testator do not deliver the plot and he that it be  deliver by the defendant who be his executor which be performance of the  covenant and if so they the plaintiff have no cause of action and where the  matter be leave doubtful in the replication it shall be take most strong by  the plaintiff who plead it and in the comment Fulmerstone against steward if a  mail be bind to pay twenty pound about Christmas it be no plea for he to say  he have pay it but he must show when or otherwise it shall be intend that he  pay it after the feast and before the suit and so in a dumb to be infra wtatem  if the tenant do plead a release of the demandant it be no plea without say  that he be of fall age for the plea shall be take most strong against himself  and that be that it be make when he be within age and h if the defendant in a  trespass do plead a release it be not sufficient without show that it be make  after the trespasser for otherwise it shall be take to be do before Bridgman I  and h plead if in a praecipe quod To give back the tenant do plead warranty  collateral of the ancestor of the demandant and he reply that he enter and so  do avoid the warranty it be not good without say that he enter in the life of  the ancestor for otherwise it shall be intend that he enter after the descent  of the warranty and in due and the plaintiff in a ejectment declare on a lease  for year to I egin at Michaelmas after the death of Thomas Boydon and m his  wife and set forth that they die and he enter and adjudge insufficient for it  may be that he enter after this death and before Michaelmas and dyer h r a  covenant that the lessee and his assign shall pay all rend it may good  Bridgman I er p plead that the lessee have pay they be not sufficient because  the assign be omit in his occupation be word uncertain so whether they shall  be refer to the plaintiff who be last name or to the testator h Edward dyer in  a trespass bring by the husband and wife for break their close good svan  captain and plead of a trespass make to the woman dumb sola to be for which  the writ abate the plaintiff ought to show that some land be in the possession  of Kocker and crook for otherwise it be impossible that a map shall be make  thereof h h if I be bind to feoff another of all the land whereof my father  die seize in a action against I I ought to set forth the certainty of the land  whereof he die seize and although the executor do represent the person of the  testator yet the act of the executor be not the act of the testator not like  to the case of a attorney Edward bar if one be bind to feoff another it be  sufficient if the attorney be ready to make the feoff and so in the h the same  law to confess a action but when a executor do a act for the testator it be  otherwise as if the executor sell land it must be so plead for a dead person  can sell land and afterward the plaintiff discontinue his suit