Eton and Monney versus Laughter.
5. IN Debt upon an Obligation of 400 l. by Thomas Eton, and Roger * 1.1 Monney Plaintiff, against Thomas Laughter Defendant, who was bound together with one Richard Rainford to the said Plaintiffs, the Conditi∣on of which Odligation was,
That if the said Richard Rainford after marriage had between him and Jane Gilman Widow, together with the said Jane, alienate in Fee, or Fee-tail, all that great Messuage of the said Jane in London, in the Tenure of William Fitz Williams Esquire, if then the said Richard Rainford in his life time pur∣chase to the said Iane, her Heirs and Assigns, Lands and Tenements, of good Right and Title, and of as good value as the money raised upon the aliena∣nation of the said Messuage amounts unto, or leave to the said Iane after his decease, as Executrix, or by Legacy, or other good assurance, so much money as he shall receive or have upon the said Sale, that then the Obligation shall be void, after which the said Richard Rainford married with the said Jane, and the said Richard and Jane sold the said Messuage in Fee by Fine, for 320 l. re∣ceived by the said Richard Rainford, after which the said Iane died, no Lands being purchased to the said Iane by the said Richard, and the said Richard yet living.