case ashton against Bretland if in a lease determinable on three life it be  covenant that on the death of one the lessee may if he please surrender and  that the lessor shall thereupon and upon payment of a fine grant a new lease  for three life in the term of the old lease and in the new lease the covenant  to surrender as a life drop be make absolute equity will assist the lessee to  retain possession as if the prior lease have continuance S c Eq Abr the  plaintiff exhibit a bill against the defendant to be quiet in the poss modern  report er p sion of certain land which he hold by lease under the defendant  who have bring a ejectment and endeavour to turn he out the case be as follow  sergeant Bretland grant a lease of these land to one Ashton for ninetynine  year if three life name they or any of they shall so long live which lease be  grant upon a surrender of a old lease of the same land to the sergeant modern  report and be to be pursuant to the covenant in the old lease one of which be  that it be mutual covenant that upon the death of any of the three life the  lessee shall surrender the old lease if it be his will so to do and thereupon  the sergeant covenant that upon such surrender and payment of a heriot and  eight pound he will grant a new lease for three life c now in this new lease  the covenant be draw that Ashton on the death of any of the three life will  absolute surrender the same and pay a heriot and eight pound and one of the  life be now dead and the plaintiff refuse to surrender this lease and renew it  upon payment of the say heriot and fine the defendant bring a ejectment and  the plaintiff exhibit this bill and get a injunction the end of which bill be  to be relieve against the covenant in the new lease and that for two reason  first because sergeant Bretland have so settle his estate that the now  defendant be only tenant for life and by consequence if he shall surrender the  lease the defendant have no power to grant a new lease for three life so that  since the plaintiff can have the benefit of the covenant for his advantage it  be not reasonable that he shall be oblige to the performance of that part of  the same covenant to his disadvantage and that the defendant shall be at  liberty to take any advantage of a disability occasion by his be make tenant  for life second it be suggest in the bill and likewise prove that this due  lease differ from the old lease which be to be the rule of the new one for  that it be draw by the sergeant himself with a covenant that the lessee shall  absolute surrender the same upon the death of any of the life and pay a heriot  and eight pound when the old lease be to surrender if it be his will so to do  which be not Obligatory but leave to his discretion but by the new lease he be  bind to surrender and renew and pay a heriot and fine upon the death of every  life all which appear on proof the Lord chancellor decree that since the  plaintiff be a purchaser of this lease as every lessee be the subsequent  settlement make by the sergeant by which the defendant be make tenant for life  shall not prejudice he the plaintiff nor forejudge he of the benefit of any  covenant in his lease so as to that point there be no reason to excuse the  plaintiff for nonperformance of the covenant on his part because the defendant  modern report be to all intent liable to perform that covenant on his part but  as to the second point it be clear that the sergeant himself who draw the new  lease do draw it in a different manner from the old one which shall have be  the standard to guide he and that it be draw for his own advantage but in  equity it shall be take as if it have square with the old lease so that if the  lessee be not Willing to renew he shall be quiet in his possession under the  new lease as if he hold by the old lease