#### Merriton's case.

Trin. 2 Car.

DEBT on an obligation. Two made a lease for years, by indenture, and covenanted that the lesse should not be disturbed, nor any incumbrance made by them; one of the lessors made a lease to a stranger, who disturbed, &c. The condition was to perform covenants.

Curia

[absente Crew, G. J.]

It is a breach. For them shall not be taken jointly. But if either of them disturbs the lessee, the condition is broken. 2 R. 3. 12. A release to two enures in joint or several actions. Judgment for the plaintiff. Noy 86. Poph. 200.