case the city OF norwich against johnson Hilary term car roll if a lessee die  intestate during the term and a stranger enter and take possession he thereby  become a executor de son tort and if he commit waste on the demise premise he  may be sue as executor de son tort in a action of waste SC comb SC lev SC Mod  error on a judgement in the common plea in waste bring against the defendant  there as a executor de son tort and hold that it lie and judgement affirm I do  not hear the case state a but the reason of the court of king bench in a hob b  hob c hob d hob Yelv e cro James a the plaintiff have grant a lease for year  of a farm to one cook and the defendant after the death of cook and before the  expiration of the term enter on the premise and pull down a barn thereon SC  Mod the plaintiff declare against the defendant as executor to cook the  defendant plead that cook die intestate and that administration be not grant  to he nor the term assign to he by cook or by any administrator of cook the  plaintiff reply that the defendant after the death of cook enter as executor  and do the waste the defendant demurrer it be argue for the defendant that he  can not be a shower KB er p pronounce the judgement be because there may be a  executor de son tort of a term as be resolve in the case of Kenmick v burgess  b though a difference be take between a term in reversion and in possession  and then it be a term for year the reversioner know not where to go but to the  occupant and though shower KB he do recover the place waste yet that be no  prejudice to the creditor because it be a devastavit in the defendant and if  there happen to be a rightful executor or administrator he shall recover  against the executor de son tort but he can get the land from the reversioner  again beside he enter of his own wrong after the death of the lessee make  himself Chargeable and he shall never be admit to take any advantage of such  his own wrong as otherwise it will be as to the objection of its be a seize by  his entry that be sure at the election of the lord or the reversioner it be  likewise object that his estate be tortuous and consequent can have nothing  but a fee gain by such his entry and consequent can not be within the statute  of Gloucester that he can not gain any particular estate for life or year but  by some grant or colour of some grant but all tortuous estate be feesimple  however for the reason above the judgement be affirm