CLXXVII. Mason's Case. Trin. 26 Eliz. In the Kings Bench.
MAson Leased certain Lands to one R. for years; and after∣wards leased the same Lands to one Tinter for years; Tin∣ter Covenanted with the Defendant, That if the said R. should sue the said Mason by reason of the later Lease, that then he would discharge or keep harmless without damage the said Mason, and also would pay to him all the Charges which he should sustain by reason of any suit to be brought against the said R. in respect of the said former Lease: And Mason by the same Indenture Covenant∣ed with Tinter, That the said Land demised, should continue to the said Tinter discharged of former Charges, Bargains, and In∣cumbrances: And now upon the second Covenant, Tinter brought an Action of Covenant, and shewed, That the said R. had sued him in an Action of Ejectione Firme upon the said first Lease, and had recovered against him, &c. And Mason pleaded in Bar, the said second Covenant, intending that by that later Covenant, the Plaintiff had notice of the said former Lease made unto R. so as the first Lease shall be excepted out of the Covenants of former Grants; for otherwise, there should be circuity of Action. But the Opinion of the whole Court was to the contrary: For the Cove∣nant of Mason shall go to the discharge of the Land; but the Co∣venant of Tinter only to the possession.