coke b goodall case mich Elizabeth in the king bench in ejection firm on  special verdict it appear that I p seize in fee by deed indent feoff r W and  his heir with a proviso that such feoff shall be void on payment of a certain  sum of money by I p within a year after the death of r W to the heir executor  or administrator of r W r W feoff e W who estate come to t g the lessor of the  plaintiff afterward r W die and d W his son and heir and whether his wife take  out administration d W and whether make a letter of attorney to t g to demand  c the say sum of which t g give notice to I p and afterward and within the  year by agreement between I p and d W the say sum be pay to d W and all be  present repay except about onethird part I p reenter upon who t g enter and  make the lease to the plaintiff who enter and be possess until the defendant  oust he but the special verdict do not convey any interest or coke report a er  p authority to the defendant under the say I p the court give judgement for  the plaintiff which be affirm on error and resolve the condition ought to be  perform by a true and effectual payment as the heir be express name in the  condition if all the money have be pay to he good fide it will have be  sufficient although r W his father convey over his whole estate in the land  payment to the assignee who be not name will have be insufficient but the  assignee of the land though not name in a condition to pay money may well pay  the court in a special verdict will never doubt but of that only whereof the  juror have conceive a doubt SC moor Goldsb cro Elizabeth Poph jenk vide wade  case post fol a roll godb light Rep between Cuthbert Goodall plaintiff and  John Wyatt defendant in a ejection firm of land in ailesbury in the county of  buck which begin hill rot the defendant plead not guilty and the juror give a  special verdict to this effect sir John Packington be seize of the tenement  aforesaid in fee and by his deed indent I Julii Elizabeth do thereof feoff  Robert Woodcliff and his heir proviso always quod si prfal Johannes infra One  annum post departure Self roberti to loosen seu to loosen facial hred executor  sive administrator Self roberti sum centumn barcar of coin England quod tunc  deincep presence paper indentata seisinam ind condition vacuan sit no one  vigor Robert Woodcliff do thereof feoff Edward Woodcliff who estate by diverse  mean conveyance Thomas Goodall the lessor of the plaintiff have and afterward  Jan Elizabeth the say Robert Woodcliffe die after who death draw Woodcliff be  his son and heir and whether his wife take letter of administration of his  good by which draw and whether make a letter of attorney to those Goodall to  demand and receive the say one hundred mark on the say proviso or condition of  which the say Thomas Goodall give notice to the say sir John Packington and  afterward and within the say year it be agree between the say sir John and the  say draw that the say sir John shall pay to the say draw but of the say mark  and no more and yet in appearance for the better performance of the condition  that the whole sum of mark shall be pay and that the residue above shall be  repay to sir John upon which sir John pay within the say year mark to the say  draw and present all be repay to the say sir John but the say coke a accord to  their precede agreement aforesaid and afterward the say sir John do reenter  into the say tenement pretend that he have perform the condition upon who the  say Thomas Goodall enter and make the lease to the plaintiff who enter and be  possess until the say John Wyatt oust he without convey any interest or  authority to the say Wyatt under sir John Packington but the jury conclude et  si super totan means c prd solution prd centum marcar per prd Johan Packington  soldier prfat Drugoni fact sit good of loosing in lege earundem centum marcar  secundum form provisionis prd a swearer prdidi ignorant et si c so that the  doubt which the jury conceive be only on the say payment and whether the say  payment as be aforesaid be sufficient in law to give title of entry by force  of the say condition to the say sir John Packington on the say Thomas Goodall  and it be object on the defendant part that although before the payment it be  agree between the say sir John Packington and the say draw Woodcliff that the  say draw shall have but of the say mark yet sir John pay the whole and draw  receive the whole and the property of all the money be in draw and if draw  will not have repay he the residue above sir John have not any remedy but a  action on the case if any action on the matter will lie and therefore they  conclude that it be a good payment to satisfy the say condition but to that it  be answer and resolve by Popham chief justice and the whole court that it be  not any   light b roll Rep godb more jenk cent lane Cr Elizabeth Cr James  light Rep a performance of the condition and their reason be coke report b er  p because a estate of inheritance be by the payment of the say money to the  heir to be divest out of those Goodall the assignee of the land and therefore  the condition ought to be perform in truth by a true and effectual payment and  not by a shadow or colour of payment and in the case at bar the precedent  agreement guide the subsequent payment and their intent be that only the say  shall be enjoy and keep although more be in appearance pay but the estate of  jenk cent Poph   a roll Rep lane   light b b three person shall not be divest  by colourable or covenous payment but by true and effectual payment as be  aforesaid vide h e   light a account e where it appear that condition ought to  be perform true and effectual because factum non to say quod non persist coke  b it be resolve that if all the money have be pay to the heir   light b a jenk  cent roll Goldsb Poph hard b bon t fide although Robert Woodcliff his father  have convey over his whole estate in the land it have be sufficient for the  heir be a person express name in the condition to who the payment shall be  make and the feoff be a stranger to the conveyance that the feoff and his  assign make and the feoff shall not take notice at his peril of the validity  of they nor of the condition and limitation annex to they it be resolve that  as this condition be in the case at bar the feoff can not have pay it to  Goodall jenk cent roll Cr Elizabeth c the assignee of the land for heir  executor or administrator be express in the condition and the assignee not as  in the case of Litt lib cap condition if the condition be that if the feoff  shall pay to the feoff or to his heir such a sum on such a day there after the  death of the feoff if he die before the day limit the payment ought to be make  to the light sect   light a d heir at the day set where this word ought which  import necessity in law be observe and therefore in such case the money shall  not be pay to the executor and so the doubt in e condition and dyer pl Owen e  dyer Elizabeth well resolve but Hardr   light b f the assignee of the land  although he be not name in the condition among the person who shall pay the  money yet he may well pay the money for the save of his tenure as Litt light  sect g say eoden lib fol so note the difference that the money shall not be  pay to the assignee of the land without name he in the condition for there the  payment go to the defeasance of the inheritance but the money shall be   light  b pay by the assignee in salvation of his inheritance mich Elizabeth in the  court of ware the case be such Edward more   light a Hardr palm h Randal seize  in fee of certain land within the county of Surre by deed indent and enrol  accord to the statute do covenant with John brown that if the say brown do pay  to the say Randal his heir or assign the that day of march then next follow at  a certain place that then the say Edward and his heir will stand seize of the  say land to the use of brown and his heir and before the say day Edward Randal  die and have issue a son make his will in write and make Alice his wife Ralph  hare and Hugh hare his executor and devise the say land to his wife during the  minority of his son and die his issue within age and in ware to the queen and  before the day the wife renounce and take letter of administration and now the  question be to who the money shall be pay and in that case three point be  resolve by the chief justice Wray and dyer and the whole court of ware that be  to say that in the say case these word assign shall be only coke a intend of  the assignee of the estate of Edward Randal for he have a estate in he  assignable and the law will coke report b er p never seek out   light a I a  assignee in law when there may be a assignee in fact hob pea v styleman a man  be bind to pay l to such a person as the the obligee shall by his will appoint  the obligee make I S his executor but make no other appointment it be resolve  upon demurrer that the executor shall not have the l for he be only a assignee  in law who take to the use of the testator but here the condition be in favour  of a actual assignee who take to his own use the conusee of a fine lease to  the conusor for ninetynine year with condition if the lessee pay to the lessor  his heir and assign that the use limit to the conusee and his heir by a  indenture shall cease the lessor die Lord Nottingham be of opinion that the  use shall not cease by payment to the administrator of the lessor because he  may be a assignee in deed as here may sir Andrew young Lord not ms note cite  note   light a a but if Edward Randal have make a feoff in fee on condition  that the feoff shall pay the money to the feoff his heir or assign c there  because he depart with his whole estate in fee and have but a bare condition  which he can assign over the law which will never reject any word if by any  reasonable construction it may take effect will make construction what person  will be most proper as his assignee in law to receive the say money and those  the law adjudge to be his   light a b a executor because they represent the  person of the testator for all good and chattel and in such case the feoff can  have any assignee in fact and so a good difference and therewith agree Br  condition Br exposition Br deputy b h a it be resolve in the say case of  Randal that the wife have by the devise but a particular interest in the land  be not assignee of the land within the say proviso so if the say Edward have  make a estate for life or year c for none shall be assignee in this case but  when the covenantor depart with his whole estate as if he make a feoff in fee  a gift in tail or a lease for life with the remainder over in fee in such case  the lessee for life or donee in tail be the assignee but so long as the  covenantor have the reversion remain in he the payment ought to be make to he  so it be say that if Edward Randal have make a assignment of his whole estate  in part as long as any part remain with Edward Randal the tender ought to be  make to he or his heir it be resolve in the say case of Randal that the tender  ought to be make to the light sect   light a c heir and not to the executor  because the heir be express name which exclude executor and administrator et  godb   light a b latch cart palm d a forcing apparatus compose to be remiss  tactitum it be resolve that although in the case at bar no title be find for  the defendant but he be as a mere stranger yet the court in a special jenk  cent Cr James roll Vaugh e verdict will never doubt but of that only whereof  the juror have conceive a doubt where there be a particular conclusion upon a  verdict there not only where no title be find for the defendant as in goodall  case but where no title be find for the plaintiff as in legate case   and  Brockmans case mich car scacc the court shall doubt of nothing but what the  juror doubt of but where the conclusion be send utrum super lot means formless  predicta per a swearer predictos formless predicta experience the defendant be  worthy of blame or not a swearer ignorant and put it upon the court there the  lessor of the plaintiff must show a title for himself per sir oh Bridgman c j  Thomason v Mackworth oh Bridgm and Vid Acc Duncombe v Winifield hob foster v  Jackson hob Allen v hill cro Elizabeth Farchild v Gayre cro James castle v  Hobbs cro car Cleve v Veer cro car and Vid Vinkestone v ebden salk where the  conclusion of the special verdict be on a special point and yet the court hear  other objection and Vid Tidds practice that edition b and therefore forasmuch  as they rely and conclude on the payment whether it be a good performance of  the condition or not the court ought not to give judgement till they have  resolve that which the juror have refer to their consideration and all other  coke report b er p matter shall be intend and supply but only that which the  juror have refer to the consideration of the court and so it be adjudge m in b  r between a more Elizabeth cap a scovel and cabel and afterward judgement be  give for Cuthbert Goodall the coke b plaintiff on which judgement the  defendant bring a writ of error in the exchequerchamber and all the court on  argument and debate of the case there again do concur in opinion with the  justice of the king bench and affirm the judgement and so this case be resolve  by all the judge of England