case goddard versus keate novembris at the roll Eq can ab pl post vol S c  lessee where there be a covenant by he to repair make a under lease to I S who  be in possession assignee of a lease render rend assign over he shall be  liable in equity for the rend during the time he enjoy the land though in  strictness of law there be no privity of contract to charge the assignee  treacle v coke post under lessee not liable to this covenant in law nor bind  by it in equity unless the first lessee be insolvent the effect of the bill be  that the plaintiff lord of a manor in the west have accord to the custom there  make a lease to the defendant late husband for year if three life live so long  and in the lease Vernon chancery case there be a covenant that the lessee  shall repair that the defendant late husband have make a lease for ten year to  trustee in trust for his wife the defendant if she live so long that the  defendant be in possession and the premise be much out of repair the plaintiff  have bring a action at law against the defendant on the covenant but she show  that the estate in law be in trustee the plaintiff be force to be nonsuit and  therefore that she receive the profit may be compel in equity to repair be the  bill for the plaintiff it be argue that where a man make a lease render rend  if the lessee assign to a beggar or insolvent person in equity the lessee  shall be bind to pay the rend because the rend be due by he in respect of the  contract but a assignee be only liable in respect of the thing enjoy so a  lessee at will be only liable in respect of his occupation Eaton v Jacques  Doug but where lessor refuse to accept a assignee for his tenant and give his  receipt in the lessee name and afterward bring debt against assignee for rend  it be hold good for he may refuse he when he will and accept he when he will  and may sue either lessee or assignee for the rend at his election Devereux v  Barlow sand Rep and it be say lessor may have joint action of debt against  lessee and assignee for the whole rend bailiff of Ipswich v Martin cro James  say vide distinction in this respect between action of debt and covenant mill  v Auriol term Rep as to the authority of Eaton v Jacques vide powell law of  mortgage p Westerdell v dale term Rep stone V Evans cite east and note in the  case in cro James t do not appear that the assignee of lessee be accept by  lessor but that be not the question in the cause and it seem it must be on  express covenant and that such action do not lie against the lessee upon  covenant in law such as the word yield and pay demise grant which be covenant  in law both by lessor and lessee after assignment and acceptance of the  assignee bachelor v gage side sir William Jones mill v Auriol term Rep  bankruptcy of lessee no bar to a action of covenant mill v Auriol ub sup but  see now the stat g c S which be a common case and in parity of reason with  this case and in no case where express covenant by lessee and afterward  assignment and assignee accept by lessor will the lessee be discharge by the  assignment for where covenant to pay the rend no assignment will discharge  lessee of the covenant Arthur and van deplantes case hill Geo in b r lib c so  where covenant not to erect building bachelor v gage cro car so where covenant  to repair Barnard v Godschell cro James Brett v Cumberland cro James Norton v  Aclane cro car roll ab n pl glover v cope Mod but a action of covenant be not  like action of debt for rend reserve for if the lessee assign over his term  and the lessor accept of the assignee as his tenant the lessor can have a  action of debt for the rend against the first lessee by reason of his  acceptance which have extinguish the privity of contract Waller case Rep marsh  v brace cro James better report Bulstr marrow v Turpin cro Elizabeth more S c  Qure what shall be consider as a acceptance of lessee assignee but yet in such  case the lessor after his own acceptance shall maintain a action of covenant  bachelor v gage Brett v Cumberland ub sup et vide Thursby v plant sand Rep  fisher v ameers Brownl and particular notice of assignment not necessary marsh  v brace Bulst the acceptance of rend be sufficient notice in law and shall bar  lessor of his entry whichcot v fox cro James Bulst Edward v Morgan Le v  Ashurst v mingay show sir t Jones enter Ashurst v mingar lill Ent SC  chancellor v pool Doug d edit Eaton v Jacques ibidem Luxford v barber term Rep  et vide note to the above case of Thursby v plant but for the defendant it be  insist that this be not any assignment of the term but only a derivative lease  and there be no privity between the first lessor the plaintiff and the  defendant and therefore she ought not to be charge in equity but the plaintiff  have a proper remedy at law against the executor of the first lessee who be  not make party nor bring before the court if the first lessee have not leave  asset then indeed there may be some reason in equity to charge the defendant  with this covenant but where the proper remedy do not fail the plaintiff shall  not be suffer to resort to this extraordinary remedy and thereupon the bill be  dismiss there be only a simple order of dismissal without cost Reg lib a fol  so covenant will lie for grantee of reversion Ashurst v mingay show sir t  Jones Edward v Morgan Le v and as well of copyhold as freehold land glover v  cope Mod but it do not lie at the commonlaw but be give by Henry cap thrall v  Cornwall will see that stat and also Bac Abr title Covt e vol p et vide   Litt  a and covenant to renew will lie for assignee of the term against the grantee  of the reversion arg Barker v dorm show Isteed v Stonely ander Vernon chancery  case er p