case Emott against coal easter term Elizabeth roll a lessee who be evict in  consequence of a statute acknowledge by a former owner of the estate can be  sue by his lessor for a apportionment of the rend on a indenture to perform  covenant c and a plea of a performance need only answer the indenture  substantial and to a common intent Cowp post debt upon a obligation make  ultMarch Elizabeth the condition be to perform all covenant condition article  agreement and clause in aq indenture hear the croak Elizabeth er p same date  the defendant plead the indenture which be a lease for year of certain land  and stock of cattle to the defendant and to Tolfry render twenty pound rend  per annum and all the covenant and other clause in it be coacerninj the land  and plead that long time before the lessor have any thing in it one be seize  of the land in fee and acknowledge a statute to I S and that after the lease  make videlicet may Elizabeth the conusee sue execution and all the land be  deliver in execution so they be thereof evict and that after the date of the  indenture until execution sue he and Tolfry have perform all the covenant  condition agreement and clause in the say indenture upon this plea it be  demurrer in law Buckley for the plaintiff take two exception to the plea in  bar first the condition be if the defendant and Tolfry and their assign  perform c and he plead that he and tolfrey have perform c but say not that he  and Tolfry and their assign have perform c and it may be they have assign it  over second the condition be if they perform all the covenant condition  agreement article c and when he recite they he say not which be all the  covenant condition agreement and clause in the indenture but leave out article  so have not plead performance of the condition the matter in law be if a lease  he make of land and good render rend if the laud he evict whether all the rend  shall he go or there shall he a apportionment in regard of the good and so the  nonpayment of the portion for the rend he a forfeiture of the bind and he say  there ball he a apportionment Henry pl Henry dyer croak Elizabeth if the good  he evict there shall he a apportionment and so turning curian contra in first  exception be not material for it appear not there be any assignee omflibus and  it shall not he intend except it he special ihewn and a bar be good to a  common intent second exception agreement be all one with article and if many  word contain one thing in signification if he answer to they in substance it  be good for the matter in law there shall he no apportionment for the rend  issue out of the land and follow it and so Wray chief justice say it have been  heretofore adjudge and it be here adjudge the plaintiff shall he bar vide  Elizabeth dyer pound Edward pl Edward pl pound