case lxi Elizabeth   b goodal case condition verdict judge a make a feoff in  fee to b upon condition that if a within a year after the death of b shall pay  to the heir or executor of b that a may reenter b make a feoff of this land to  c and b make his testament and make his wife and his heir his executor and die  a within a year after the death of b by agreement with the heir of b at a time  and place limit for the payment pay the to he and by the say agreement a be  immediate to have back of this and all be do accord the entry of a upon c be  not congeable so adjudge and affirm in error resolve that this colourable  payment be not a payment of the but of only and the law will not allow such  fiction and colour to the prejudice of a three person payment to c have not be  good for the person be express to who the payment shall be make it be  otherwise of a feoff upon condition that if the feoff do not pay to the feoff  such sum that the feoff may enter the feoff of the feoff may pay it although  the person who by the agreement shall pay it be the first feoff for this be  for the preservation of the tenancy of the second feoff but in the principal  case the payment be to defeat the estate a real payment to the heir or one of  the executor will have be sufficient Jenkins a be not bind in this case to  give notice to c of this payment or of the death of b for c be a stranger to  the payment and may know of the death of b as well as a resolve that where  there be a special verdict in this case it be in ejection strong and the jury  omit find the lease but find with c if the say payment be not a performance of  the condition that this find be a find of the lease and of all matter  necessary to maintain this action if b in the principal case have not make  this feoff the say colourable payment have be sufficient to defeat the estate  for the heir of b may prejudice himself and one executor may prejudice the  other for they represent one person but a executor can prejudice a three  person where a special verdict find the special matter and conclude against  the law the law and the judge reject the conclusion and will judge accord to  the special matter as where they find a remitter and they conclude against it  but upon the original fr ant general issue of not guilty if the jury give a  general verdict and mistake the law in it as where they find for the heir of  the feoff where land be convey to his father in continuous this verdict ought  to be receive but the juror be liable to a attaint for their presumption a  jury upon the general issue against a indenture show to they in evidence by  way of estoppel may find the truth of the matter and the court shall judge  accord in plead estoppels bind party and privy cro part car dyer a ass pl e    rector of Cheddingtons case rawins case   a b