Page 180
Slingsbyes Case, 29. Eliz. fo. 18. Ʋpon error, in the Exchequer Chamber.
IF any party Covenantor in a Tripertite Indenture breake Covenant, all the rest of the parties, Co∣venantees, are to maintaine the Action, notwith∣standing the words of the Covenant, are Et ad & cum quolibet eo••um. But if a man demise to A black A∣cre, to B. white acre, to C. greene Acre, and Co∣venant with them, and every of them, in this Case, in respect of the severall interest by these words, And every of them, the Covenant is made severall, but if the demise be made to them joyntly, then these words in the Covenant (And every of them) are made voyd.
A man cannot binde himselfe to three, and to e∣very of them, to make that joynt or severall at the Election of severall persons, for one selfe same cause, for the Court will be in doubt for which of them to give judgement
It was resolved, that an interest cannot be grant∣ed joyntly and severally, as if a man grant, Prox im∣am advocationem, or make a Lease for Terme of yeares of Land to two joyntly and severally, these words se∣verally are voyd, and they are joyntenants; but a power and authority may be joyntly and severally, as to make livery, or to sell, for they have no inte∣rest or Action, but are as servants to others. And judgement was reversed.