Barrington against crane the father covenant to levy a fine and that the son  shall stand seize to the use of the father until the marriage and after the  marriage to the use of the son in tail the marriage be have but no fine be  levy hold that no use arise upon the deed but that it rest only in covenant  ante post Mod Jo lev Ventris Ventris viner ab ejectment and upon not guilty  and special verdict the case be one Cotteril be seize in fee of the tenement  in question in consideration of the marriage of his son and of a  marriageportion June the tb covenant to levy a fine to his son and that the  son shall stand seize to the use of the father and his heir till the marriage  shall he have and after the marriage to the use of the son in tail with  diverse remainder overland afterward in the same deed covenant that be I e the  father be seize in fee and so shall be till the use shall be vest in the son  and that after the marriage the land shall remain and be to the son free from  all encumbrance and afterward the marrilage be have and no fine be levy and  whether the use arise upon the covenant and the land shall remain after the  marriage to the use above be the question and upon argument it be resolve by  Powell and rokesby then the only judge of the court that this covenant do not  raise any use but rest only in covenant as die a a a and the rather for that  if the use shall arise upon the deed it will be contrary to the intent of the  party which be to raise it upon the fine and if the use shall arise on the  deed it will disable the father to levy the fine be have before part with the  estate by the deed this be a action of debt levinz er p also the father can  not covenant that the son levinz shall stand seize of land whereof the father  be seize and the subsequent covenant be intend against encumbrance only as be  usual in such case and not to raise any use as it shall if the covenant have  be as be usual in such settlement that for any default of afine or other  execution of the conveyance the father shall stand seize to the use but here  the first covenant be that the son shall stand seize which he can do before a  fine be levy to give he seize and therefore they give judgement that no use do  arise upon the deed as it have be before adjudge upon the same conveyance in  this same court upon a special verdict former give which appear enter in hill  car c b rot hale against cockeril levinz for the plaintiff birch for the  defendant who claim the remainder by the say deed