case sir John karn against PRYTHER in debt on a bind condition to convey  copyhold land the obligor be estopped from say that the land be not copyhold  roll Abr cro Elizabeth Owen Poph more Brownl Yelv Bulst latch show term Rep  term Rep issue upon non to go away of a thing that pass by deed shall be make  when the grant be allege but upon non feoffavit or non to send different ways  when livery be to be make the trial shall be where the land lie error of a  judgement in the common plea in debt upon a obligation of three hundred pound  condition whereas one Thomas Freman hold such copyhold land parcel of the  manor of d in the county of Glamorgan whereof sir John Karne be lord if he  within six month after the death of the say Thomas Freman grant that land by  copy to the say plaintiff and two other who the plaintiff shall name for three  life accord to the custom of the manor that then the obligation shall be void  the defendant plead that the plaintiff have not nominate to he for who life he  shall grant the plaintiff reply that the custom be that the copyhold tenement  there be grantable for three life there successive and that Thomas Freman die  there such a day and that within six month after videlicet such a day sir John  Karne grant it at Bristol to I S and to two other for their life who be yet  alive the defendant plead non to go away and find against he and judgement for  the plaintiff and a writ of error be thereof bring a see car croak James er p  the first error assign be because the plaintiff in his replication show not  that the land be copyhold and then there be not any breach say non allocatur  for the condition recite that it be copyhold land and that a grant shall be  make thereof by copy he be estopped to say that it be not copyhold land and  the issue be whether it be grant by copy prout in the replication it be  thereby admit on both side a second error be because the trial be de vicineto  de Bristol whereas it ought to have be out of the manor where the land be or  out of the next English county as in Eden case the issue be si king to go away  per litter patenes the trial shall be where the land lie and not where the  patent be make say non allocatur for here the trial shall be where the grant  be allege to be make for in the first case the patent be of record and if it  be traverse it shall be try by the record and therefore the issue be upon non  to go away the issue be not upon the patent but where the issue be upon non to  go away or non to send different ways of a thing which passes by deed the  trial shall be where the grant or demise be allege croak throw but of a feoff  or lease for life plead the issue be non feoffavit or non to send different  ways livery ought to be make and therefore the trial shall be de vicineto  where the land lie wherefore the judgement be affirm