case PORRY against allen Hilary term Elizabeth in the common plea Trinity term  Eliz roll a agreement hetween the lessor and a stranger that the lessee shall  have a new lease be no surrender post it roll Abr   a I Leon   light Bac Abr  debt upon a lease for year it be find by special verdict that one ball be  lessee of these land for forty year let they to Gibson for thirty year and he  let they to Porry the plaintiff for nineteen year render I rend and afterward  article of agreement be make hetween ball and Gibson that Porry shall have and  hold these land and other land for three year render a great rend to which  article Porry do agree at another time and place and occupy the land accord  and after let these land to the defendant for seventeen year render rend the  three year expire afterward Gibson grant his term to Cornwallis who enter in  Elizabeth and for rend behind after his entry the action be bring and it be  argue by Hammond of the one part and Harris of the other first question if  this be a surrender by this agreement second if a surrender may he as this  case be by one termor to another out of which his term be derive because one  term can drown in another?But all the justice hold clear that this can be a  surrender for the word and the act hetween stranger can make no surrender and  this agreement that Porry shall hold t e land be a void agreement for a  stranger to take benefit by it and Anderson hold clear that a agreement or  covenant make hetween I S and I n that I d shall have such land for year this  be make hetween stranger can amount to a lease so if I S covenant with I d  that his executor shall have such land for twentyone year this can amount to a  lease for they be in this degree as stranger and for this point principal they  all hold it can be no surrender and for the other point they also hold that  this can he no surrender for when lessee for twenty year make a lease for ten  year the second lessee can surrender to the first lessee for ten year can be  drown in twenty and it be adjudge for the plaintiff croak Elizabeth er p