buckley versus pirk Trin Ann B R rot ante pl where a defendant be charge as  executor judgement shall be de good testator though he may have be charge as  assignee cro et roll d p S C case l e ante covenant by the plaintiff against  the defendant as executrix of Jonathan pirk wherein she declare quod cumper  thence make between the say prudence Buckley executrix of Thomas Buckley and  the defendant testator Jonathan pirk recite that one Sarah Shampernoon do  demise the premise to the say Thomas Buckley for twentyone year reddend per  annum that Thomas make prudence his executrix and die estatum step forth that  prudence assign to Jonathan pirk pro toto remaining speech to Salkeld mini who  covenant to repair that Jonathan enter and be possess and die and that mary as  his executrix enter and be possess and suffer the premise to be out of repair  c the defendant plead a judgement obtain against her and no asset ultra and  the plaintiff demurrer and sergeant Pengelly argue that the plea be good for  that the defendant be only charge as executrix and not as assignee and  therefore be liable only to answer de good testator and that there be no  privity of estate between the plaintiff and the defendant where the lessee or  his executor have the term and the lessor the reversion but only a privity of  contract if a man assign his term or make a feoff reserve rend this be only a  charge by the contract and though such contract may be real yet they can  create a privity of estate therefore he conclude the plaintiff can not charge  the defendant as assignee Parker c j saint a covenant to repair be a covenant  that must run with the land for it effect the estate of the term and the  reversion in the hand of any person that have it if the covenant to repair be  on the part of the lessor the rend be the great if the lessee be to repair he  pay the less rend and as a assignee have the benefit it be but reasonable a  assignee shall be subject to the charge dly he hold that Salkeld er p if the  executor of a lessee enter the lessor may charge he as a assignee for the rend  incur after his entry in the debet and to hold off and if the rend be of less  value than the land as the law prima fancy suppose so much of the profit as  suffice to make up the rend be appropriate to the lessor and can be apply to  any thing else and therefore in such case the defendant can plead plene to  manage for that confess a misapplication since no other payment out of the  profit can be justify till the rend be answer on the other hand if the rend be  more worth than the land the defendant may disclose that by special plead and  pray judgement whether he shall be charge otherwise than in the to hold off  only quod Powell to go away dly it be hold that the defendant be charge as  executrix in this case and that so plain that there be indeed no better way to  charge her as such that the plaintiff have her election of charge the  defendant as executrix or assignee that have charge her as executrix she can  only have judgement against her as such say adjournatur