bank against smyth executor OF priest ante covenant Siderf pl in a action of  covenant declare of a lease by deed for year on a special covenant to pay the  rend the defendant plead a former lease make by way of bargain and sale to one  Allen by the lessor for year but no entry be allege of the first lessee to  which the plaintiff demurrer on   dyer because no express eviction be make of  the estate but only of the possession and especial because no entry be allege  Twisden agree this a good lease by way of estople and if the rend be in be the  covenant remain e contra if not which the court agree and it be say that Allen  be attaint by reason whereof and of the statute car it come to the crown this  be a sufficient eviction without any entry or office allege nor need any entry  be lie by the first lessee he be say in possession by virtue of the statute  but by powis this be only as to assignee not to have trespass c and the king  shall have no other possession than be bad but per Keble curian the king be in  actual possession as much as if the party have actual enter albeit a common  person shall not be in actual possession without entry by himself or the first  lessee and Twisden say right of entry of disseizee by the statute h be in the  actual possession of the king much more in this case and judgement pro  defendant for this can be good as lease in reversion be not so plead but as  grant of present estate and be a lease extract out of inheritance there need  no attornment be allege be by bargain and sale albeit the lease be a lease of  the reversion which Twisden doubt but all agree that upon the assignment of  lease there must be attornment and in both special notice must be give by the  assignee quoad penalty albeit not as to the rend but this action be not bring  by the second lessee but by the first lessor against the second lessee for  year the defendant plead a former lease leaves the reversion as it be at first  have it be plead by way of bargain and sale or grant of reversion but the  plaintiff have declare on lease in possession as at commonlaw which be avoid  by eviction judgement pro defendant