a for a certain sum have article with the city of London to lie a Pipe which  shall not convey less than tun of water a hour to stock market and Cheapside  defendant and one Houghton who be no party to the bill and other who we to  hear before the pipe lie employ Houghton to take a lease from the city of  these water to himself but they have agree among themselves that the equity  case abridge be share of that lease and that Houghton shall have share to  himself and the either share be to be to the other party in other proportion  Houghton take a lease accord for year at pound fine and equity case abridge er  p per Ann rend and covenant for himself and his assign to pay the rend c by  indenture of same date with the lease and make between Houghton and four other  two of which be only bring to hear Houghton assign this lease to those four  person in trust for himself as to share and for their own benefit as to share  a lie the Pipe which do not carry above five tun of water per hour and the  lease prove a very hard bargain and Houghton fail the city bring their bill  against the assignee of the lease to pay the rend in arrear and the grow rend  and to perform the other covenant in the lease and as against a it be that if  Houghton have not full perform his article with the city he may do it that the  otherDefendants may have the benefit of they Lord keep decree the assignee to  pay the rend for the time pass but will make no decree that the shall continue  the payment of it during the term for they be Chargeable no long than the  privity of estate continue and if they can assign it over that ground of the  charge be go easter city of London and Richmond Aldersey all Prec in Chan here  be a equal privity of estate as in case of a assignment of a bind and as to  its be a hard bargain that not material for there be the same reason that a  bad bargain if fair and without fraud shall be decree as if it have be a good  one and it be plain here be no fraud nor surprise in this case for the  indenture between h and his assignee bear date the same day with the lease and  recite it and what the fine and rend be and then agree to divide it into share  c say per Lord keeper ibidem vern Rep easter SC state it thus that the city  article with a to lie a Pipe as aforesaid and that while this be do they treat  with h and grant he a lease of this water in consideration of pound fine and  pound per rend year that h assign over the lease to defendant r d g and b but  it do not appear that g and b accept the assignment which be in trust for such  person as shall buy share the whole be divide into share value at pound each  share that the Pipe will not discharge above six tun per hour so instead of be  a beneficial bargain it will not produce above pound per Ann h be insolvent  and rend in arrear the bill be bring against the assignee of the lease as also  against several who have buy share to have the arrear of rend pay and the grow  rend and the performance of the covenant in the lease saint it be allow that h  ought to be a party but that all the sharer ought not the assignee by divide  of it into so many sharer have make it impracticable to have they all before  the court dly that possible the assignee may not be liable at law if it be a  incorporeal inheritance for they have no privity of estate yet enjoy the thing  deinised ought in equity to answer the rend but it be agree the decree ought  only to be for the arrear of rend since the assignment and what shall incur  and become due while they shall continue the possession but if they shall get  rid of it by assign over they be not to be prevent from so do in equity or to  be decree to pay the rend during the residue of the term or long than they  continue in possession and how far a assignee name or not name be bind to  perform covenant in a lease the case of Spencer   a be cite it be object that  the rend reserve be pound per Ann and the real value not pound per Ann it be  against the rule of equity not to decree in specie such a hard and  unreasonable bargain to which Lord keep answer as a beneficial bargain will be  decree in equity so if it happen to be a lose bargain for the same reason it  ought to be decree it be object that the assignee in this case be but in the  nature of trustee for the other sharer and equity ought to decree against the  beneficiary and trust and not against the trustee send non allocatur ibidem