case NATCHBOLT versus porter moon october in court lord commissioner lessee  for year have agree with the lessor to surrender his lease deliver up the key  which the lessor accept but afterward refuse to take the surrender of the  lease decree the lessee shall be discharge of the rend lessee for year decree  to admit a attornment sir George more be lessee of a house in Hatton garden  under pound per and rend assign his term to porter who covenant in the  assignment to indemnify he against the covenant in the original lease sir  Charles rich buy the reversionary interest of the lessor and treat with porter  to surrender the term and a assignment be make betwixt they for that purpose  and the key deliver and accept but afterward sir Charles rich alter his  purpose of live Vernon chancery case in the house it stand empty for some year  and then he bring a bill against sir George more who be the original lessee to  compel he to admit a attornment in order to his bring his action at law for  the rend but porter be make no party to that suit however sir George more in  his defence do insist upon the agreement make between sir Charles rich and  porter for the surrender of the lease and that the key be deliver pursuant  thereunto c but he be overrule in that matter at the hear and decree he shall  go to a trial at law and admit a attornment but sir George more be attorney  plead that sir George never attorned upon the plaintiff come back into this  court it be decree sir George shall pay the rend arrear amount to about four  hundred pound now Natchbolt the executor of sir George more bring his bill to  be reimburse against porter accord to his covenant on the assignment upon  which he can not recover at law by reason that sir Charles rich can not at law  have recover of sir George more for want of a attornment Mr porter by answer  set forth the agreement make with sir Charles rich for surrender his term and  delivery of the key and his acceptance of it c and therefore insist he ought  not to be charge and the court now upon the hear of the cause be of opinion  that the agreement be well prove and a good discharge and porter not liable to  answer any rend after that time and though the court have decree otherwise  against sir George more yet porter be no party to that suit be not bind  thereby and therefore without any regard to that decree they be to judge upon  the case then before they and see no reason to relieve the plaintiff vide on  this point Harvey v Montague ante vol and case cite in note there Vernon  chancery case the court upon this case observe the inconveniency of go on with  a cause without proper party and it be sir George more be fault that he do not  plead he have assign to porter and insist that he ought to have be make a  party to the suit note all grant and conveyance be now make good without  attornment stat Ann cap sect and attornments by tenant to stranger claim title  to the estate be make void by saint at two Geo h cap sect