The common law epitomiz'd with directions how to prosecute and defend personal actions, very useful for all lawyers, justices of peace, and gentlemen : to which is annexed the nature of a writ of error, and the general proceedings there upon : with a plain table for the easie finding out of every particular / by William Glisson and Anthony Gulston ...

The Count in Covenant, 1. Personal; 2. Real.

The Count was, that per Indenturam suam testat. existit, that the Defendant covenanted so and so, this is good; but such plea in bar is not good,

Mich. 7 Jac. Ban. Regis, Wyrdnam versus Fankner, 2 Mariae 117. pl. 78. but he must plead Covenants performed, and tender an issue.

Prior and Covent leases to two for years with warranty, per Indenture, rendring Rent; one dies after possession, the other survives, and was sole possest, the Prior dies, the Defendant fuit elect•••• & praefectus Prior, & tali die expulsus & ejectus est, the Survivor by the new Prior, and so the Defen∣dant did not hold Covenant made between the late Prior and the said Survivor, Lib. Intr. 135. D. sect. 2. this is a good Count, for the Covenant lies by the Survivor against the Successor.

Count upon covenants to make a new Lease, Com. 2. Chapmans case, and good.

A leases to B for 6 years, if C live so long, and covenants that he had power to demise it, &c. B in covenant needs not count that C was in life, for if he were dead at the time of the demise, yet Covenant lies; 2. he need not shew that he had the better right, because he did pursue the words of the Covenant negative, Coke 9. part. 60. Brad∣shawes case, or else it cannot appear it is the Co∣venant upon which the Action is brought.

Count by the Lessor against the Lessee, that Co∣venants to pay all charges, and pays not the tenths granted per Parliament, Lib. Intr. 136. C. sect. 4. for the word Charges includes the Tenths, for they are charges issuing out of the Land, or pay∣able ratione terrae.

The Count shall be general, that he hath broken covenants between them, to the dammage, &c. the other shall say, that they are performed,

the Plaintiff may reply, that they are not, because he shall have several dammages for every Cove∣nant broken; but upon an Obligation he ought to shew in what he hath made a breach, because he shall have the forfeiture for one breach, 6 Hen. 4.8. pl. 34. if but one breach.

Tenant for life leases for years rendring Rent, the Lessee covenants and is expulsed by him in remainder, 1. he ought to count that he was possess'd; 2. he ought to shew the estate for life, and the remainder certain, 9 Eliz. Dyer 257. pl. 13. because it is a special ouster, and not by the Lessor; and for the first, if he were not in possession, he cannot be said to be ousted.

Notes

• Count.