CCCCIV sir baptist hix and Fleetwood and gotts case the case be Fleetwood and  gotts bargain and sell Weston park be acre of land to sir baptist Hix for for  every acre which do amount to l and in the premise of the indenture of bargain  and sale it be agree by the party that the say park be woodland shall be  measure by a pole of foot and a half and further it be covenant that Fleetwood  and gotts shall appoint one surveyor and Hix another who shall measure the say  park and if it by the measure shall exceed the number of acre mention in the  indenture that then Hix shall add to they accord to the proportion of III for  every acre and if it want of the measure then the say Fleetwood and gotts  shall repay to Hix the surplusage of that money accord to the proportion of  the acre and upon the indenture Hix bring covenant and assign a breach because  upon measure it want acre and the defendant do demurrer upon the declaration  because the plaintiff have not therein show by what measure it be measure for  they say by Shirley that although it be agree in the first part of the  indenture that the measure shall be by a pole of foot and a half yet when they  come to the covenant there they do not speak of any measure for which cause it  shall be take for such a measure as the statute speak of sure a measure of  foot and a half the pole and by such measure there want not any part of the  acre dodderidge wear down and he put this ground that if certainty once appear  in a deed and afterward in the same deed it be speak indifferent reference  shall be unto the certainty which appear and therefore if by a indenture land  be give to a man heir male and afterward in the same deed it appear it be heir  de corpore his it shall be a estatetail because the first word be indefinite  and the last certain by which it appear that be pass but a estate in tail and  e b the word of a declaration be noverint whole world per present circumstance  our I S tender c W b in to loosen eiden I S it be hold by the court the same  do not make the obligation void because it appear by the first part of the  obligation that he shall be bind to the plaintiff and therefore the intent be  so the plaintiff may declare of a to loosen to himself and the Leonard word I  S shall be surplusage and e the abbot of Selby grant quandan yearly payment  pencionem to b ad ask I e that scilicet how idem I e to have ad boundary vitae  of oneself et to loosen until what time Himself de kindness crossroads to see  in advance to be it be hold by the court in a writ of annuity bring that the  word Himself shall have reference to b the grantee and not to X e and cook say  that the original contract do leave the measure in this case and for that he  vouch Kedwellys case in blow comment a lease render rend at mich at d and if  it he behind for a month after demand that the lessor shall reenter it shall  be demand at the first place roll title condition Leonard er p trin James in  the starchamber