case bentham versus alston Jan ante can incumbent of a parsonage be old he  together with the grantee of the next avoidance join in a lease of the tithe  render the rend halfyearly videlicet midsummer and Christmas incumbent die  before midsummer day the lessee gather in the tithe except a small part which  he get in afterward who shall have the midsummer rend doctor Tudor the  incumbent have lease the rectory and tithe to three of his parish at three  hundred and twenty pound per and for three year render rend half yearly at  midsummer and Christmas the doctor be old the lessee upon take a new lease  desire the plaintiff who have a grant of the next avoidance to join therein  that they may be sure to enjoy their bargain who agree accord doctor Tudor die  before midsummer the last half year day the lessee have first collect and get  all or great part of the tithe c the plaintiff in equity will have have a  decree for the half year rend first because he be bind by the agreement for if  the doctor have die before any tithe collect yet he be bind and must have  permit the lessee to have enjoy and second because the lessee have receive  some tithe after the death of doctor Tudor which be a evidence that they look  upon their lease as continue and act under the agreement make by the plaintiff  Vernon chancery case but it be object if the rend be Payable to any one the  executor of doctor Tudor have a better right than the plaintiff and they no  party per cur of opinion in the old book that the fee be in the patron during  the vacancy and a release to he alone be good recommend it to the party to end  the matter by compromise nothing of this opinion or recommendation appear in  the register book the cause have be hear on the that may precede and the bill  dismiss and now come on for a rehear but the decree which under the  circumstance be not very clear be make by consent and be that the defendant  shall pay the rend that have accrue due for the last year after the death of  dr Tudor to the plaintiff after such deduction as therein mention the  plaintiff indemnifying they against dr tudor executor who be no party to the  suit Reg lib a fol note the lease in question be state to have be make about  Christmas for three year the rend Payable half yearly the doctor die about  October and the bill pray that the defendant may pay plaintiff the rend accrue  due from dr tudor death to the expiration of the say lease by the sum admit by  the defendant to be in their hand it appear the decree must have be make on  the last half year rend et vide ante SC see Aynsley v Wordsworth V b as to  demise of benefice for year by spiritual person stat Henry cap sect saint  pound d Phil and mary cap and other statute there refer to