case strew against Willis Michaelmas term pound Elizabeth roll in debt on bind  condition for the payment of rend reserve upon a demise accord to certain  article the defendant be estopped to say he have not any thing in the land  demise by the article ante post I roll ab roll ab   light Poph Owen more cro  James   b Allen Leon salk stram Bac ab dougl lTerm Rep term Rep debt upon a  obligation condition for the payment of S rend reserve upon a demise of  copyhold land for forty year accord to such article indent the defendant plead  that he have not any thing in the land demise by the say article it be  thereupon demurrer Savell for the plaintiff he be conclude by the recital of  the obligation and also by the article Henry pl against a lease by indenture  the lessee shall not say that the lessor have nothing to let and by a bare  recital in a obligation one shall he estopped as Edward pl S and a recital by  a single bill shall estop the party Edward pl a recital by a obligation that  ten make a will he be estopped to say the contrary and Elizabeth dyer accord  draw to the contrary for where one be oblige to pay rend if he can enjoy the  land he be not bind to pay it and therefore Edward pl Henry pl Henry pl the  tender thereof shall he upon the land and not to the person Henry pl the dean  of Windsor case it be rule that if he can enjoy the land he shall not pay the  rend and as to the estoppel by the recital there be a difference where it go  in the generality and where in the particularity for where it be in the  generality as to feoff one of all the land descend unto he or to he nonsuit in  all action depend in the common plea he shall a ante pale yellow ten croak  Elizabeth er p do p estopped to say that he have not any land or that he have  not any abtiori depend there Edward pl against a condition to perform all  covenant a man may say that there be not any covenant and Henry pl agree with  this difference and of this opinion be all that court at the first but  afterward upon a second argument they conceive that he shall he estopped  wherefore it uva S adjudge for the plaintiff