Coghill versus freelove Mod Mod side lev raym Keighle and Buckley salk show  lev post pitcher and tovey in a action of debt for rend the plaintiff declare  for l upon three several demise against the defendant as administratrix to  Thomas freelove her late husband in the to hold off the defendant plead that  after the letter of administration grant to her and before the rend become due  she assign to Samuel freelove the indenture of demise and all her estate and  interest in the premise and that Samuel enter and be possess and that the  plaintiff have notice of the assignment before the action bring to this the  plaintiff demurrer it be say for the plaintiff that the action be bring in the  to hold off the assignment be no plea for the administratrix be charge upon  the contract of the intestate and liable so far as there be asset though there  be no assignment and though in the   and in the cro Overton and Syddals case  seem the contrary and so harrow and turpin case in the cro and that the  privity of contract be determine by the death of the lessee yet in ironmonger  and Newsoms case in latch the contrary be resolve note it do not appear by  latch to be resolve but the chief justice say it be resolve so in car siderfin  in Heylar and Cashords case it be resolve that the action lie against the  executor upon the contract after a assignment where it be hold also that a  executor can wave a term unless he renounce the whole executorship after bear  argument at the bar the court give judgement for the plaintiff Powell absent  as to Overton and Syddals case it appear by more that Popham and Fenner be  against gawdy and Clench vide Poph Rep it appear that the action be bring in  the debet and to hold off and by a prebendary upon the lease of his  predecessor and then a assignment will be a bar which matter indeed do not  appear to be urge in the case as cite by my Lord coke and report by cro  Elizabeth but they go upon the privity of contract say Ventris er p to be  dissolve by the death of the lessee say with latch that case say not to be  resolve as cite by   Ventris and so noise Rep and for marrow and turpin case  there be a acceptance of the rend of the assignee plead as appear by cro  though that do not appear to be insist on by the book which report the case  however the late authority be clear that the action lie in the to hold off  after all assignment as appear by the case cite judgment pro quer note the  court be move upon the case of person outlaw upon mesne process before the  late Act of general pardon William Marive it be provide by the say Act that no  process of outlawry at the suit of any plaintiff shall be stay or avoid unless  the defendant appear and put in bail where by law bail be necessary and take  forth a writ of to know facias against the party at who suit he be outlaw  whether the defendant before he can have the benefit of this pardon must pay  the cost to the plaintiff of the outlawry there be no mention of any thing but  his appear and put in of bail the court be of opinion that he must pay the  cost and to take the Act otherwise will be a great prejudice to the plaintiff  who do no wrong and Pollexfi n chief justice say that the practice have be so  upon the general Act of pardon car cap and yet in that statute the clause  concern outlawry be to the same purpose and no mention make of the cost of the  party