beely against parry tenant for year make a lease for part of the term with  covenant and then grant his reversion whether the covenant pass to the grantee  or remain with the grantor covenant and declare of a lease make by he to the  defendant November car for sixteen year and that the defendant covenant not to  build upon a certain parcel of the ground demise to he and assign for breach  his building upon the say parcel the defendant plead that the plaintiff be  possess by virtue of a term for more than thirty year make to he by the mayor  and commonalty of London and be so possess demise to the defendant and that  after but before the breach assign the plaintiff grant the reversion to I S to  which grant he the defendant attorned hereupon the plaintiff demurrer general  and the point intend be whether the covenant pass by the grant of the  reversion to the grantee for then the action will not lie for the grantor in  who name it be bring or whether the covenant remain not with the assignor and  a right of action to sue thereupon only passes to the grantee by assignment by  virtue of the statute of Henry which be only in the affirmative sure that the  grantee shall have a action upon the covenant for if so a action may be bring  either by the assignor with who the covenant remain or by the assignee to who  a action be give by the statute but that both can not be agree for a recovery  by one shall bar the other and the assignee shall not be twice charge and it  be say that this be a express covenant the party to who it be make levinz may  sue thereupon after assignment as bachelor and gauge case cro car and  Middlemore and Goodales case cro car whether this covenant be not transfer  with the land by the assignment at commonlaw as appurtenant to the estate it  be a covenant concern the estate and for this be cite a case between Harper  and Burroughs mich ear lev where in covenant for nonpayment of rend in the  name of the grantee the court will intend the action bring upon the reddendum  which be a covenant in law and by the grant passes with the estate to the  grantee at commonlaw and it be say that it will be inconvenient if such a  covenant remain in the grantor after assignment for then after assignment he  may release it as it be do in Middlemore and Goodales case for the defendant  it be say that though the word of the statute of Henry be affirmative only  that the grantee shall have a action upon the covenant yet this in reason  ought to imply a negative that the granter shall not have a action thereupon  and not to subject the lessee to two action by the assignment but the court  deliver no opinion as to these point because the assignment of the reversion  be not plead to be by deed it be void for that reason notwithstanding the  attornment for this reason judgement be give for the plaintiff without regard  to the other matter Qucere de hoc for a term for year may be create and assign  by write without deed vide the statute of from uds and perjury and Wilson and  may levinz er p levinz hilary and Charles two