coke Report22a walker case pasch Elizabeth between walker and harris in the  king bench see in re Russell road Purchasemoneys lr Eq mayor of Swansea v  Thomas Q b d SC more SC cite Poph cro Elizabeth S c cite cro Elizabeth and  deny by three judge to be law SC cite side and agree to be law though several  of the case there put as there report be deny to be law S c cite latch and say  it be not adjudge as appear by the book of entry see cook SC cite ace sand ld  raym salk t r atk n Ves and b Inst two W sheep touch wood Bl Com bull n p that  edit b Fonbl Tr Eq n Cru dig and edit Chit plead vin Abr apportionment e debt  b pl c pl h pl pl c a pl distress e pl executor n a pl z a pl partition I pl  presentation g a pl privity a pl reservation e a pl waste S pl Com dig action  f debt c d thou f pleader W Bac Abr action local and transitory a condition p  I courtesy e debt b d distress a waste h seven see the reference and note  infra debt lie against the original lessee for rend accrue after assignment of  his term for the privity of contract remain notwithstanding the assignment by  after acceptance of rend from the assignee where debt lie in general nature of  privity of estate and privity of contract the case be in effect walker lease  certain land to Harris for ear the lessee assign all his interest to another  walker bring a action of debt a against Harris for rend behind after the  assignment and whether the action be maintainable a the action of debt be so  call because it be in legal consideration for the recovery of a debt eastern  nomin and in numero and not for the recovery of damage as in assumpsit and  covenant bull n p h Bl Cowp Chit plead and it lie for money due whether due on  legal liability Com dig debt a hob simple contract express or imply ibidem Com  dig debt a bull n p specialty id ibidem record id ibidem or statute by a party  grieve or by a common informer Com dig debt a Bac Abr debt a whenever the  demand be or a sum certain or be capable of be ready reduce to a certainty as  on a contract to pay so much per load for wood c bull n p and see lev Lord  raym Com dig debt a Bac Abr debt a so it lie in the to hold off for good dyer  b Bac Abr debt f wood Chit plead see post   b but this action do not lie for  unliquidated damage unless they be capable of be reduce to a certainty by a  averment bull n p or the performance of the contract be secure by a penalty in  which case debt may be support for the penalty and she real demand be to be  ascertain accord to the provision of the statute W c Chit plead wood Bac Abr  debt a so though for rend Payable quarterly or otherwise or for a annuity or  on a stipulation to pay on one day and on another debt lie on each default  Owen h Bl king Bac Abr debt a c Chit plead yet it can be support for money  Payable by instalment till the whole debt I due infra Inst b three and n W ib  Selw n p and edit unless the payment be secure by a penalty in which case debt  may be maintain on any default at commonlaw as well as on the statute W c will  Com dig action f Bac Abr debt b when debt lie against that lessee and when not  see infra ED coke report a er p or not be the question and it be object  against the action that the land be debtor and not the person but in respect  of the land and a difference be take between a personal and a real contract  for if a man let we a stock of cattle or other good for year render rend at  several day he shall not have a action of debt till all the day be incur b so  if a man make a obligation or other a contract to pay several sum at several  day be shall not have a action of debt till all the day be pass c but in the  case of a lease for year which be a real contract the lessor shall have a  action of debt after every day d as appear by e e which prove that the lessee  be not charge in respect of any personal contract but in respect of the realty  and therefore when the lessee assign over all his interest all the realty  which always follow the land be go also if a man sell good for money to be pay  at several day in such case although the good be take by one who have right  before the day yet the seller shall have a action of debt in respect of the  contract e but if a man make a lease for year render rend if b contra per  Anderson Ch I m Elizabeth c r dyer a pl in margin that if I make a lease to  one of good render annual a rend I shall have debt at the several day of  payment but see Spencer case poll   where it be adjudge that such a lease be  but a personal contract and see ace will t r ED a   light b b roll Rep roll  Rep f n b h b   b   b   a   b more Leon bendl in Kel bendl in ash bendl pl n  bendl pl cro Elizabeth cro James cro car Leon Leon Owen Yelv Br action sur Le  case in fine Inst sand f Chit plead d edit vin Abr debt pl Com dig action f  Bac Abr condition p I debt b c and the reason be that where there be but one  contract there can be but one debt and consequent but one action of debt bull  n p a rudder v price I h Bl but as already observe it be otherwise as to a  bind c with a penalty sup n a and see coat v Hewitt will Hallett v Hodges d ib  say Rep mill v mill cro car so if money be award to be pay at different time  assumpsit will lie on the award for each sum as it become due and the  plaintiff shall recover damage accord and when another sum of the money award  shall become due the plaintiff may commence a new action for that also m so on  so often how often cook v whorwood sand the same rule hold in respect of duty  which touch the realty I Selw n p and edit Inst b three ED t viii Abr debt pl  Com dig action f d the same distinction between a real and personal contract  be take in Inst b b three and see ace sand and n ib I h Bl I Selw n p and edit  Bac Abr debt b Chit plead rd edit ED vin Abr debt c a pl Com dig action f e  and unless the seller know the good to be the property of another or warrant  they the buyer must bear the loss for the rule be caveat emptor Inst a two and  as where personal property be sell without warranty no action lie against the  vendor unless he know of the defect whether of title or quality if he be sue  in a action of case in nature of deceit his knowledge must be aver and prove  Springwell v Allen Alleyn SC east n paget v Wilkinson ibidem dowding v  Mortimer id but the rule caveat emptor do not apply where by the term of the  contract the buyer be not call upon to exercise his judgement as where upon  the sale of a commodity by weight the party agree to refer it to a three  person to ascertain the weight here if he be mistake in his estimation and  overrates it the buyer may recover back the excess pay beyond the real value  Cox v apprentice maul and Sel and where a lease be sell by one mistake suppose  himself entitle as personal representative and no conveyance have be make it  be hold that the purchaser have be turn out of possession by a recovery in  ejectment at the suit of the new administrator may recover the consideration  pay in a action for money have and receive Lord Kenyon Ch I observe that he do  not coke report b er p before the day incur the land be b evict by title  paramount the lessor shall not have a action of debt in respect of the  contract f because it be a real contract and follow the estate of the land and  the rend issue out of the land and the person be not coke Report22b the debtor  but in respect of the land for if the lessee grant over all his interest the  lessor may have a action of debt against the assignee with who there be no  contract by deed g but forasmuch as the rend issue out of the land the  assignee who have the land and be privy in estate be debtor in respect to the  land if a a man lease three acre render rend and the lessor ousts the lessee  of one acre be shall have a action of debt for no part b but if the lessor  recover part in a action of waste or enter into part for a forfeiture or by  surrender or by special condition for entry into part or if part of the land  be evict by title paramount in all these case the rend reserve on the lease  for year which be a rentservice shall be apportion h ergo the contract follow  the land for otherwise the lessor wish to disturb the rule of caveat emptor  adopt in Bree v Holbeach dougl and in other case where a regular conveyance be  make to which other covenant ought not to be add for in general the seller  covenant for his own act and for those of his ancestor only in which respect  the case of a mortgage differ from it as a mortgagor covenant that at all  event he have a good title but here the whole pass by parole and it proceed on  a misapprehension by both party that the defendant be the legal administrator  of the lessee though it turn out afterward that he be not as therefore the  money be pay under a mistake be think that a action for money have and receive  will lie to recover it back Cripps v read t r so where defendant who be in  possession of premise of which he have be tenant under a lease from a tenant  for life then dead sell the plaintiff the lease pretend that it be a good  lease for seven year and short afterward the plaintiff be eject it be hold by  Laurence I on the authority of Cripps v read that the plaintiff may recover  the consideration pay for the lease in a action for money have and receive  matthews v hollings Salop summer assize Woodfalls land and ten and edit and if  au annuity the consideration of which be money be vacate through a defect in a  memorial the consideration may e recover back in a action of assumpsit for  money have and receive since it be against conscience that the party shall  retain it shore v web I t r so where a judgement enter up to secure a annuity  be set aside it be hold that the party may recover the purchase money since  one of the security have fail the whole transaction have fail Scurfield v  gowland smith east and see water v Mansell taunt Mr wooddeson in his valuable  and general accurate lecture vol p say that the rule of caveat emptor which  probable obtain with a view of discourage frivolous litigation be now explode  and a more reasonable principle have succeed that a fair price imply a  warranty and that a man S not suppose in the contract of sale to part with his  money without expect a adequate compensation but the learned professor do not  refer to any authority in support of this position and the doctrine in  question far from be impugn be full recognize in modern decision see the above  cite case paget v Wilkinson dowding v Mortimer Bree v Holbeach Cripps v read  and Cox v apprentice ED b cro James   a die pl b n c roll f see send for Cluns  case post   a and the note there as to the plea of eviction in general sand  pale yellow evidence by loft Bac Abr rend l I Selw n p and edit ED see salk  Com dig debt e Chit plead g and as debt in this case be maintainable on  privity of estate only the venue be local and the action must be bring where  the land lie Paterson v Scott Str so it be in debt by the grantee or devisee  of the reversion either against the lessee board v Cudmore cro car Traheame v  Cleabrooke W Jones thrall v Cornwall will latch vin Abr trial h a or the  assignee of the term Barker v darmer Carth ED a   light a die pl b cro  Elizabeth more roll Inst as to the apportionment of rend in general see Cluns  case post   a Inst a b a I and the note there ED coke report a er p may in all  those case have a action of debt for the whole rend in respect of the contract  as he shall have on a sale of good for which matter see c h a d e a e a b  which book be to be intend of a lawful entry as for a forfeiture or by  surrender and hot of a tortuous entry h e title apportionment Br h h h  apportionment Br h and so all the book be well reconcile so it appear that  although in every lease for year there be a contract between the lessor and  lessee yet that contract be annex to a estate and follow the land so on the  other side if the lessor grant over his reversion now the contract run with  the estate and therefore the grantor shall not have any action of debt for  rend due after his assignment I but the grantee shall have it king for the  privity of the contract follow the estate of the land and be not annex to the  person but in respect of the estate as where there be diverse e parceners of a  advowson the old have prerogative to make the first presentment but it be not  in respect of her person only but as it be annex to her estate for as f h b it  be agree her husband who S tenant by the courtesy shall have it l so if one  coparcener have a rend grant her for g owelty of partition she may distrain  for it of common right without any word of distress and so shall her grantee  for it be not annex to her person only but to the estate also as it be hold in  h so the grantee of a reversion and the lord by escheat shall have a action of  debt for the rend as it be hold in h h b for the contract be incident to the  estate and it be I say that it be hold by sir Robert Catlin late chief justice  that the lessee shall not be charge for rend due after the assignment but on  great deliberation and conference with other it be adjudge by Wray l c I sir  Thomas gawdy and the whole court of king bench that the king action will lie  after such assignment and first for the apprehend of the true reason of this  coke Report23a case and of all the other case which have be urge on the other  side for the law always and in all case be consonant to itself it be to be  know that as to the matter now in question there be three manner of a privity  m sure privity in respect of estate c Fitzherbert Det Br obligation Br  apportionment Br condition   Br apportionment Br bar   light b vin Abr debt b  pl Com dig debt d I for the rend be incident to the reversion post   a b Com  dig debt d ED king see n g sup e roll dyer pl Kel pl Bl Com vin Abr partition  I pl presentation g a pl I f Br quare imp Br brief all Evesq Fitzherbert  presentment all church Bl Com Cru dig and edit vin Abr partition I pl  presentation g a pl Bac Abr courtesy e l ace Harris and hale v Nicholls cro  Elizabeth Inst b I and it seem to be the better opinion that the grantee of  the old coparcener shall have this privilege see Barker v bishop of London I h  Bl Inst b I three z ED oh light b b f n b m v Cr Elizabeth Inst g light sect    light b vin Abr distress e pl Bac Abr distress a h Fitzherbert Det Br Det hard  vin Abr reservation e d pl Com dig debt c I Ventr king side more Poph sand cro  Elizabeth cro James bull n p that edit b Fonb Tr Eq Com dig debt e Bac Abr  debt d a light sect   light a   b a   b Jones cro car Inst vin Abr privity a  pl m the statute h c seem to have create a four privity namely a privity of  contract in respect of the estate as between the assignee of the reversion and  the lessee or their assignee t r for the construction of this statute see S  pencers case post   a Inst a b two ED coke report a er p only privity in  respect of contract only and privity in respect of estate and contract  together privity of estate only as if the lessor grant over his b reversion or  if the reversion escheat between the grantee or the lord by escheat and the  lessee be privity in estate only so between the lessor and the assignee of the  lessee for no contract be make between they privity of contract only be  personal privity and extend only to the person of the lessor and to the person  of the lessee as in the case at bar when c the lessee assign over his interest  notwithstanding his assignment the privity of contract remain between they  although the privity of estate be remove by the act of the lessee himself and  the reason thereof be first because the lessee himself shall not prevent by  his own act such remedy which the lessor have against he by his own contract  but when the lessor grant over his d reversion there against his own grant he  can have remedy because he have grant the reversion to another to which the  rend be incident n second t the lessee may grant the term to a poor man oh who  shall not be able to manure the land and who will for need or for malice  suffer the land to lie fresh and then the lessor will be without remedy either  by distress or by action of debt which will be inconvenient and in effect  concern every man for for the most part every man be a lessor or a lessee and  for these two reason all the case of entry by wrong eviction suspension and  apportionment of rend be answer for in such case either it be the act of the  lessor himself or the act of a stranger and in none of the say case the sole  act of the lessee himself shall prevent the lessor of his remedy and introduce  such inconvenience as have be say the three privity be of contract and estate  together as between the lessor and the lessee himself p and Wray chief justice  and sir Thomas gawdy say that as he who be a bastard bear have no cousin so  every case import suspicion of its legitimation unless it have another case  which shall be as a cousingerman to support and prove it and therefore it be  agree by the whole court that if there be lord and tenant and the tenant make  a feoff in fee in this case betwixt they for the e arrearage due as well  before the feoff as after till notice c it be only b cro car vin Abr debt b pl  privity a pl reservation e a pl c cro car sheep touch vin Abr privity a pl d  light sect   light a vin Abr privity a pl Com dig debt d n ante b p and n g ib  that the statute h c do not continue the contract as between the lessor and  the lessee but only the contract annex to the estate beely and Parry lev web v  Russell t r sand b ED atk n bull n p Fonb Tr Eq n vin Abr privity a pl Com dig  debt e oh the lessee unless there be a restrictive covenant in the lease Inst  two a may assign to a beggar or insolvent person though be will still continue  liable to the rend as well at law as in equity Overton v Sydall Poph Goddart v  keate vern Tr Eq b c S Ves b but a assignee be liable for rend only during his  possession boulton v canon Freem Stains v morris Ves b and his liability cease  when he assign his interest even purposely to a insolvent person Lereux v Nash  stram buller n p tailor v Shum Bos and p Bac Abr covenant e and see Fonbl Tr  Eq that edit n Inst two S ED vin Abr privity a pl p see further as to the  different kind of privity or relation subsist between lessors and lessee and  their respective assignee web v Russell r sand and n ib Chit plead rd edit as  to privity in general see Inst a b two three press Conv ED Inst a I and n f ib  I t r skin light sect   light b e roll Rep cro James coke report b er p  privity as to avowry and not any privity in estate or in tenure which privity  shall not go with the estate and yet it be more in the realty than the case at  bar a strong in the case at bar when the lessee assign his interest yet  privity of contract between the lessor and lessee as to the action of f debt  remain coke Report23b and at the commonlaw before the statute of a because  buyer the earth if the tenant make a feoff in fee to hold of the chief Lord  the feoff can not by any tender that he can make compel the lord to avow on he  but the lord always may avow on the feoff as appear in e avowry Q for by his  own act be can change the avowry of his lord which be a strong case than the  case at bar and in the same case if the lord grant over his seignory or if the  feoff die r there the privity as to avowry be destroy for it be personal and  hold only between the lord himself and the feoff himself so if after the  assignment of the lease the lessor grant over his reversion the grantee shall  not have a action of debt against the lessee S for the privity of contract as  to the action of b debt hold only betwixt the lessor himself and the lessee  himself so in such case if the lessee die the lessor shall not have a action  of debt against his c executor t for the privity consist only between the  lessor and the lessee see for the case of avowry Litt Chap release d e e h h e  h die e h title avow Br so if tenant in f dower or tenant by the courtesy  grant over their estate yet f cro car bull n p that edit b a Inst h Q before  the statute because buyer the lord be not compellable to change the person of  his tenant for the tenant have swear fealty can not withdraw himself out of  the feudal service during life Stamf prerog pale yellow ten though it be  otherwise after the death of the feoff since the lord can not introduce the  heir into the feud contrary to the alienation of the ancestor but the lord be  not oblige in consequence of that statute to change his tenant except in the  case of lawful feoff and tender of arrear and not in the case of seize Inst a  b two and n n ib pale yellow ten infra ED r see the last note Inst b two and n  W pale yellow ten ED S adj send for humble v glover Poph cro Elizabeth SC cite  infra nom ungle v Gloover but a assignee of the reversion may maintain  covenant against the lessee or his executor upon the express covenant for  payment of the rend even notwithstanding he have accept rend from the assignee  of the term for by the statute h c the assignee in case of covenant run with  the land be entitle to the same remedy against the lessee or his executor as  the lessor may have have Brett v Cumberland cro James hellier v Casebard side  lev Coghill v freelove Mod sand but though a action of covenant lie against  the lessee upon a express covenant after assignment and acceptance of the  assignee yet it seem that such action do not lie against the lessee upon a  covenant in law such as the word yield and pay demise grant which be covenant  in law both by the lessor and the lessee Inst two king after assignment and  acceptance of the assignee side Bacheloure v gage sir W Jones mill v Auriol t  r sand a ED b sand Bac Abr debt d c Yelv Styl cro James roll Rep palm all t  but it be now hold that where the lessee have assign the term the lessor may  still have debt as well as covenant against his executor or administrator for  the rend incur afterward Mod and see infra ED d   light a light sect post a e  Cr Elizabeth f   light a a a   a roll Abr e a b f n b e f cro Elizabeth  Fitzherbert waste Inst h a Br waste Reg a vin Abr waste S pl Bac Abr courtesy  e waste h seven coke report a er p the privity of action remain between the g  heir and they and be shall have a action of waste against they for waste  commit after the assignment u but if the heir grant over the reversion then  the privity of the action be destroy and the grantee can have any action of  waste but only against the assignee for between they be privity in estate and  between the grantee and the tenant in dower or tenant by the courtesy be no  privity at all see f n b f tempt e waste e e or e h and it be agree that if  pound a the lessor enter for condition break or if the lessee surrender to the  lessor now the estate and term be determine and yet the lessor shall have a  action of debt for the h arrearage due before the condition break or the  surrender make wonder as it appear by f n b e h b f n b against the book of e  bar which be not law and that in respect of the contract between the lessor  and the lessee note reader so great be the authority and consequence of this  judgement that after this time not only the point adjudge have be always  affirm but also all that difference in this case take by Wray CJ and the court  have be adjudge as you may learn by the case follow hill Elizabeth in the king  bench rot between I ungle and glover it be adjudge that if the lessee for year  assign over his interest and the lessor by deed indent coke Report24a and  enrol accord to the statute bargain and sell the reversion to another that the  bargainee shall not have a action of debt against the lessee for there be no  privity betwixt they ten but it be unanimous agree by Popham Ch justice Clench  gawdy and Fenner justice that after the assignment the lessor himself may have  a action of debt against the lessee for rend due after the assignment Trin  Elizabeth n the king bench rot between a Overton and Sydhall two point be  resolve by Popham CJ and the whole court g   light a Inst roll Abr f n b f    Com dig waste c vin Abr waste S pl Bac Abr courtesy e waste h seven u the  reason why at the commonlaw the action of waste lie against the tenant in  dower or tenant by the courtesy although they have assign over their estate be  because no action of waste by the commonlaw lie against the assignee for waste  do after the assignment therefore the action of necessity do for such waste  after the assignment lie against the tenant by the courtesy or tenant in dower  Inst and it lie against her and not against the grantee for the grantee can be  tenant in dower and confirmation by the heir to the tenant in dower be no bar  in this action because it shall not change her estate Br waste pl where the  husband levy a fine and take back a estate for life remainder to his son in  tail and die and the son endow the mother who assign over the estate it be  nevertheless adjudge that waste lie against her as tenant in dower f n b e a  as to the remedy for waste in general see post     and the note there Inst  three m ED h post a   a f n b b a Br arrearage I Br Entre cong Br rend kelw b  b Com dig debt a vin Abr debt h pl wonder so the lessor may have a action of  covenant notwithstanding the surrender sheep touch Inst two r ED I more Cr  Elizabeth Poph Goldsb Jones hut Brownl SC nom humble v glover vin Abr estate b  b pl l Com dig d sup n S Poph Overton and Sydhall cite sand sand dyer b cro  Elizabeth X that the assignee of the lessor although he can have debt against  the lessee for rend incur after the assignment of the term may yet maintain  covenant by virtue of the statute h c ante p b n S ED a Poph   Entr gold more  side Swinb   Ent a cro Elizabeth cro car Ventr latch sty godb palm Bulst sand  Chit pleader vin Abr executor n a pl z a pl Bac Abr debt d coke report a er p  saint that if the executor of a lessee for year assign over his interest that  a action of debt do not lie against he for rend due after the assignment and  if the lessee for year assign over his interest and die the executor shall not  be charge for rend due after his death for by the death of the lessee the  personal privity of contract as to the action of debt in both case be  determine you and mich pound Elizabeth between b George broom Esq plaintiff  and Hore defendant the case in effect be such a lease to c three acre of land  for year render rend the say c assign all his estate in one acre to another a  suffer a common recovery to the use of b in fee who bring a action of debt  against the first lessee and it be adjudge by Popham CJ and the whole court  that the action do lie for inasmuch as the lessee have assign his interest but  in part and remain possess of the residue that not only the lessor but also  his assignee or he who claim under he shall have a action c of debt for the  whole rend against the lessee for there be not privity of contract only but  also privity in estate and contract together and therefore the action in this  case shall go with the estate as at commonlaw if before the statute of d  because buyer the earth the tenant have make a feoff in fee of part of the  tenancy there be not any apportionment but the lord or his grantee shall avow  on the feoff for as much as he remain tenant in respect of the residue but if  he have make a feoff of the whole then the grantee of the lord shall not avow  on he as it have be say before z see ass h b h Br accept for this matter and  Popham CJ in this case say that in case when rend reserve on a lease for year  shall be e apportion if in a action of debt the lessor demand more how it is  necessary yet on nothing debet the lessor shall recover as much as shall be  apportion and assess by the jury and shall be bar for the residue a and pasch  Elizabeth rot in the common plea f Samuel marrow bring all action of debt  against Francis Turpin and W Turpin sheep touch Com dig debt d you but the  case of Overton v Sydhall r e port cro Elizabeth Poph Gouldsb pl have be  frequent deny to be law see hellier v Casebard side lev Coghill v freelove Mod  vent pitcher v tover Mod sand and it be now settle that the privity of  contract of the testator be not determine by his death but the executor shall  be charge with all his contract so long as he have asset and therefore he  shall not discharge himself by make a assignment without the consent of the  lessor but shall still be liable in a action of debt as well as covenant for  the rend incur afterward and so where the testator himself have assign the  term in his lifetime his executor be Chargeable in the same manner void but if  the lessor have accept of the assignee as his tenant he can afterward maintain  a action of debt against the executor because the privity of contract be  destroy by the assignment and acceptance of the assignee marrow v Turpin cro  Elizabeth more infra a though be may still have a action of covenant upon the  express covenant for payment of the rend for without legal word and a solemn  contract in write the covenant can be discharge for solve eastern bandage quo  to tie be cro James cro car sand sand side lev Mod t r ED b cro Elizabeth godb  vin Abr debt c pl Com dig debt e Bac Abr debt d c cro car sheep touch wood Com  dig debt e d dyer pl keb Inst z ante p b and n Q ib e Inst Brownl roll side  Yelv f Inst I I vin Abr apportionment e pl Com dig pleader W suspension e a  see send for Inst I dent v parson cro James autley v Trevillian more Howell v  Samback hob Richard v Cornforth salk Cowp Mod Harrison v Barnby t r ED f more  Anders Bulstr cro Elizabeth latch Ventr sand ld raym vin Abr debt c pl Com dig  debt e f Bac Abr action local and transitory a coke report b er p  administrator of Geo Turpin and declare on a demise make by the plaintiff by  deed indent of certain land to the intestate for year render rend and for rend  behind after the death of the intestate the action be bring the defendant  plead that before the rend behind one coke Report24b of the defendant have a  assign all his interest to Thomas board of which assignment the plaintiff have  notice and accept the rend by the hand of the assignee due at a day after the  assignment and before the day on which the rend be due which be now demand  upon which the plaintiff do demurrer and it be adjudge against the plaintiff  because the privity of the contract as to the action of debt be determine by  the death of the lessee b and therefore after assignment make by the b  administrator debt do not lie against the administrator for rend due after the  assignment accord to the judgement give in c Overton and Sydhalls case before  also it be say if the lessee assign over his term the lessor may charge the  lessee or his assignee at his election and therefore if the lessor d accept  the rend of the assignee he have determine his election and shall not have a  action against the lessee afterward for rend due after the assignment c no  more than if the e lord once accept the rend of the feoff he shall not avow on  the feoff d and by these judgement and resolution you will the better  understand your book between which prima fancy seem to be some diversity of  opinion vide e and ass h by Paston which agree with the judgement of sir  Christopher Wray see Elizabeth dyer and the quaere there make be now well  resolve