burrow Challoner versus walker Tuesday that April the obligee in a  indemnitybond on be damnified have a immediate right to be reimburse a action  of debt on a bind condition as follow after first recite that whereas g  Needham be seize in fee c die intestate c leave a son James c and whether  Needham his widow then live and whereas James c be about to sell the estate  and also recite the say whether be marry to a second husband David kinneir and  recite a doubt have arise concern her right to dower and whereas it be agree  that part of the purchasemoney of the estate shall be leave in the defendant  hand in order to indemnify c from the say claim c and all cost charge c then  the condition be that if the defendant and one Coulson or their heir executor  and administrator shall indemnify the plaintiff from all and all manner of  claim of dower that may be make by the say whether Needham as widow of the say  g Needham out of the say premise and of and from all cost charge damage demand  c that may arise or happen by or from such claim c then c plea that he have  indemnified the plaintiff replication that David kinneir marry the widow and  exhibit a bill in chancery for arrear of dowerhe answer the bill and expend S  for cost in the say suit to this replication the defendant demurrer special  and show several cause of demurrer videlicet saint the replication be not a  direct answer to the plea d No issue can be take upon this replication d No  breach of condition be sufficient allege in this replication Mr Altham for the  defendant make two point saint point the condition only extend to a claim of  dower to be make by whether Needham in her life time d the plaintiff have  bring his action too soon he ought to have stay till the suit in chancery have  be determine first pointconditions shall be construe favourable for obligors  sand butler v WiggeIt be so declare burrow by the court cro Elizabeth  Greningham v EwerThere the same rule be lie down sand ld Arlington v Merricke  and a condition shall not be extend further than the word of it Ro Abr Ro Abr  pl strange Stibbs v clough Lutw Wilson v constable second pointhis expense  will be repay he if the bill shall be dismiss with cost it be not like the  payment of a debt admit to be due this condition be only to indemnify against  a claim Mr Ashhurst for the plaintiff saint point first this breach be within  the word and letter of the condition d it be clear within the meaning of it  FirstAshburst and walker purchase the estate the widow have claim dower the  indemnification be against any claim of dower that shall be make by her and  the suit be bring upon that claim second but it be clear within the intent of  the condition and Mr althams case will not hold now because court of equity  will now relieve against the penalty and court of law therefore be less strict  than former m g b r Drummond et ux administratrix of ash Esq v duke of Bolton  in the present case there be a treaty for the sale of the estate and a bind  burrow er p instead of encumber the deed with a covenant to indemnify against  all claim of dower and all expense cost and damage arise from any such claim  Mr althams case of Ro Abr c be not applicable to the present case d pointThe  plaintiff be certain already damnified and he be not oblige to wait for  reimbursement till a chancerysuit shall be determine nor can he have interest  for his money if he be to wait till then Ventr pound king v Atkins Mr Altham  in replylst point the condition be to save he harmless from the dower or three  that be or shall be claim by whether Needham and from all cost charge damage c  arise c therefrom that be from her claim burrow d pointin Ventr the shilling  be a absolute damnification for there no cost be recoverable upon the to know  facias issue against king to which he be oblige to appear Lord MansfieldThis  be the plain case that can come before a court he state the plead and he treat  the objection and the case cite in support of they and thus apply to they as  quite frivolous and nugatory and without the least doubt or difficulty  overrule they for the case be most clear within the word and meaning of the  condition and the obligee have be already damnified and therefore have a right  to be immediate reimburse Mr just denison concur in both and he add that here  be leave in the purchaser hand to indemnify the plaintiff and the  indemnification be against the claim and all consequence of it the obligee  have nothing to do with the claimant right it be enough that he be damnified  by the claim and he be not to stay till the determination of the suit he have  a immediate right to be reimburse Mr just foster and Mr just Wilmot be clear  of the same opinion and both of they explicit declare themselves to the above  effect judgement for the plaintiff