case Briscoe against king if a feoff b with a proviso that on payment of money  at such a day the deed shall be void and he may re enter and covenant to save  b harmless from encumbrance and to make further assurance and afterward enter  into a bind for the performance of all the covenant payment article and  agreement in the deed yet the bind be not forfeit by the nonpayment of the  money at the day for there be no covenant in the deed to pay money and the  word payment in the bind refer to encumbrance of rend arrear c SC Yelv SC  Browill SC Bulst Mod lie Lutw Mod pale yellow Eq Rep keb Bac Abr leave to  discontinue after judgement on demurrer ante post barn ld ray Bl Rep debt on  bind condition for the performance of all covenant payment article and  agreement comprise in such a deed date c the defendant show that the deed be a  deed of feoff wherein be contain that he for one hundred and ten pound have  feoff the plaintiff in such land with a proviso that if he the defendant pay  such sum at such a day the feoff shall be void and he may reenter with  covenant to save harmless from encumbrance and to make further assurance and  that he perform all the covenant article and agreement on his part to be  perform the plaintiff assign the breach because he do not pay such sum at such  day accord to the proviso and it be thereupon demurrer Yelverton move that in  regard the defendant be oblige to perform the payment article and agreement in  the deed mention and there be not any payment mention but what be mention in  the proviso therefore he be oblige to perform that but it be thereto answer  avid so resolve by the court that forasmuch as there be not any covenant to  pay that sum it be a proviso in advantage of the feoff that if he pay the  money he shall have again his land and it be in his election to pay the money  or to lose the land which be a sufficient loss to he therefore the condition  of the bind do not extend thereto but extend to perform the other covenant as  the covenant to save harmless from encumbrance and to save harmless from rend  and arrearage of rend which be the payment intend wherefore it be resolve  against the plaintiff for this point but in respect if judgement shall be  enter he shall lose his bind they give jay to advice until the next term that  in the interim the party may compound