case style versus cowper march sir I c let we a building lease of sixtyone  year of a house in Lincoln inn field to W who assign over the lease to the  plaintiff for the remainder of the term he rebuild the house and lie out pound  for that purpose and pay the reserve rend of pound to sir I c till he die on  his death the defendant become entitle as first remainder man in tail for six  year he think proper to receive rend and then bring a ejectment and recover at  law for want of the usual covenant in the building lease the plaintiff bring  his bill for a injunction and to be quiet in possession a new lease direct to  be execute with proper covenant and the plaintiff to hold the premise for the  remainder of the term say vide do lessee of Simpson v butcher Douglas d ed in  sir John Cowper though father of the defendant who be entitle to undivided  moiety of house with Mr Henley in Portugal row Lincoln inn field and by a  private act of parliament empower to make partition and to let out his moiety  on a building lease for sixtyone year make a lease of part thereof for  sixtyone year to Mr ware recite therein the power give to he in the act of  parliament of lease and a liberty to the lessee to quit after the first twenty  year on give proper notice Mr ware some time before assign over the lease to  Haskins style for the remainder of the term who in the year rebuild the house  and lie out above pound for this purpose and constant pay the rend reserve  under the lease of pound per and to sir John Cowper till when the lessor die  who be only tenant for life and on his death the defendant his old son become  entitle to it as the first remainderman in tail from the year to the defendant  think proper to receive the rend from Mr style and during that time the tenant  at his own expense build new office it appear to the court upon read the lease  that the covenant usual in building lease be not insert here note nor be the  lease make pursuant to the usual condition require by lease power and especial  by the power contain in the act of parliament atkins the defendant after this  acquiescence and receive the rend bring a ejectment against the plaintiff for  the possession as devisee of Mr style and recover at law for want of the  aforesaid covenant the plaintiff bring his bill here for a injunction to stay  the defendant proceed at law and to be quiet in the possession of the house  under the lease and assignment Lord chancellor though the acceptance of rend  under a lease by issue in tail will bind they where they claim per form gift  from the lessor yet this alone will not bind the remainderman in tail who  claim the leasehold estate by purchase but be a circumstance however in favour  of the lessee and when the remainderman lie by and suffer the lessee or  assignee to rebuild and do not by his answer deny that he have notice of it  all these circumstance together will bind he from controvert the lease  afterward but the defendant counsel allege if the house shall be burn down the  plaintiff by the lease be express exempt from rebuilding and may the next day  after such accident of fire give notice to quit his lordship direct a new  lease to be execute with the proper and usual covenant for the residue of the  term and upon execute such lease his lordship decree the plaintiff to hold and  enjoy the premise in question quiet for the residue of the term in the lease  against the defendant but no cost to be pay on either side Reg lib b fol