case daw vers Newborough in c b a conveyance can operate by way of covenant to  stand seize where the intent of the party who convey appear to be contrary to  such a construction in a action of ejectment upon a special verdict find at  the assize before baron price the case appear to be this the dean and chapter  of Bristol be seize of the rectory of r and grant a lease to I c for three  life the lessee by lease and release convey to his old son Thomas and his heir  in consideration of natural love and affection and for diverse other good  cause and consideration to the use of the say Thomas for life then to the use  of the heir male of his body and in default of such issue to the use of his  son Joseph for life remainder to his heir male and in default of such issue to  the use of the lessor of the plaintiff the lessee have issue Thomas and Joseph  Thomas have issue mary who be marry to the defendant and die without issue  male Joseph die without issue male by which mean the lessor of the plaintiff  claim and if this be a good conveyance to the lessor of the plaintiff by way  of covenant to stand seize be the question and sergeant Pengelly argue that  this conveyance operate as a covenant to stand seize and that the exility of  the estate of the lessee who be only tenant for three life do not obstruct the  title of the lessor of the plaintiff and afterward in Trinity term Geo the  court give judgement that this do not operate by way of covenant to stand  seize and king Ch I deliver the reason of that judgement that a conveyance can  operate by way of covenant to stand seize where the intent of the party who  convey appear to be contrary to such a construction for the intention comens  of the party be essential to the direction of the use but here the intent of I  c appear to be that the estate which he limit by way of use shall arise out of  the estate limit to Thomas and his heir and then they can never enure by way  of covenant out of the estate of the covenantor and to this purpose be the  resolution in cro Elizabeth side vent and when the estate be limit to Thomas  and his heir to the use of c the use must of necessity arise out of the estate  of the feoff c to the use c and therefore if it be to the use of Thomas and  his heir and afterward to the use of other this will be a use upon a use which  will never be allow by the rule of law for the use be only a liberty or  authority comens er p to take the profit but two can several take the profit  of the same land therefore there can be a use upon a use but this be now allow  by way of trust in a court of equity