Carthew gage versus acton to go into hill will b r rot adjudge hill will see  SC Mod e r with note salk SC I Danv pl where a bind with a condition c give to  a feme sole be not discharge by her marry the obligor contra per holt Ch just  action of debt for rend upon a demise of land by indenture make by the  plaintiff to John Acton the defendant S late husband who die intestate and the  action be bring against the defendant Elizabeth Acton as administratrix the  defendant plead in bar that before her intermarriage with the say John Acton  be by his write Obligatory become bind to the say Elizabeth while sole by the  name of Elizabeth Reynolds spinster in the penal sum of solvendo eiden  elizabethae cum ind postea requisite be cum condition predict scribe  obligatorio subscript to read out that whereas a marriage be intend between  the say John and Elizabeth then if the say Elizabeth shall happen to survive  the say John and be to die before her then if the say John Acton shall leave  or if his heir executor or assign shall pay to the say Elizabeth her executor  administrator or assign the full sum of l within one month after the death of  the say John Acton then the bind to be void that afterward the marriage do  take effect and John Acton die intestate and do not leave to the say Elizabeth  the sum of l or one penny thereof and that since his death the sum of l or any  part thereof have not be pay by the heir or assign of the say John and that on  such a day c administration of the good and chattel of the say John be by such  c commit to her and that afterward several of the good c which be her husband  S good to the value of l and no more come to her hand which good she do retain  in part of satisfaction of the bind aforesaid cro cro car Carthew er p and  upon a demurrer to this plea two point be make whether a debt due for rend  reserve upon a demise by deed be superior to a debt on a bind Carthew because  the rend issue out of the realty or whether those debt be in equal degree and  as to this point the court be unanimous in opinion that these debt be in equal  degree and that the law be the same if the rend have be reserve upon a parole  lease because it issue out of the realty the other which be the chief point be  whether the intermarriage of the obligor with the obligee have extinguish the  debt or not and after several argument at the bar the court consist of three  judge give their opinion seriatim and gold and Turton justice be of opinion  that the bind be not destroy nor the debt extinguish by the marriage they  agree that all contract and debt in present time though they be to be perform  or pay in going to be especial if a certain day of payment be prefix such be  all extinguish by the intermarriage nay if this upon such a contingency which  may possible happen during the coverture but there be several thing which upon  several occasion be keep in custodian law to preserve a right and a suspension  of a personal action do not always extinguish that action modus assembly  vicunt law and no fiction of law shall work a wrong if a feme executrix marry  the debtor yet the law preserve the debt lest a wrong shall happen to the  creditor now in the principal case this bind be a provision for the wife in  the personalty which the law will preserve for her livelihood as well as it  preserve her dower which be in the realty where the debtee take the debtor to  be her husband this reasonable that the debt shall be extinguish because it  seem to be the agreement of the party that it shall be so but here this  express against the intent of the party that the debt shall be extinguish and  therefore the law will preserve it and not work a wrong that there be no  difference in reason between a bind with a condition before marriage and a  promise or covenant before marriage and by the case in the Carthew margin  footnote it appear that a release of all demand will not release a bind with  condition upon a contingency and not break but holt chief justice be of a  contrary opinion because this be in the case of a bind with a condition which  be distinct from the bind and therefore immediate upon the execution of the  bind there be a debt in present time which still exist and the condition be  subsequent to the bind and be rely upon hoe S case to make out the difference  between a covenant a promise and a conditional bind and a bind with a  condition in nature of a defeasance for in a action on this bind if the  defendant do demurrer the plaintiff will have judgement without show a breach  if this bind have be give by a stranger to the woman when sole the husband may  have release it by the word of all debt and demand and this bind be the same  as if it have be single and a defeasance by another deed for the condition  thereof be not a thing releaseable but the bind which be a duty in present  time and he agree the case of promise and covenant before marriage but insist  that this be different but by the opinion of the other two judge the defendant  bad judgement upon which a writ of error be bring in the exchequerchamber but  the plaintiff in error perceive the court incline to affirm the judgement do  not proceed notam it be say by holt chief justice that if a action shall be  bring on this bind and the defendant demurrer to the declaration the plaintiff  shall have judgement without show any breach but that must be if the defendant  pray oyer of the bind and condition and this enter in haec word for then the  condition be hob roll Abr cro Litt Rep hut side Rep b Carthew er p parcel of  the defendant S declaration and not of the defendant S plea and then if the  defendant demurrer judgement shall be against the plaintiff if by the  condition it appear he have no cause of action