Carthew tovey versus pitcher mich will mark in c b rot coke S office I salk SC  lev SC vent SC Mod SC shower SC covenant will not lie against the assignee of  the executrix of the lessee Danv pl vent Inst Leon lev keb side lev lev sand  covenant c by a lessor against the assignee of the executrix of the lessee in  which the plaintiff declare that he be possess of two message in the parish of  saint Martin in the field for a long term of year and that he make a  underlease thereof to one Richard Gill for year render such a yearly rend and  that by the same deed be the aforesaid Richard Gill do for himself and his  assign covenant to pay the rend that the say Richard Gill do by his last will  constitute Susan Gill to be his executrix and die and that she be possess as  executrix and afterward assign over her whole estate to the defendant who  enter and be possess and the breach now assign be for nonpayment of rend in  arrear and accrue after the assignment of the term the defendant plead in bar  that before any rend be due and Payable videlicet on such a day he have grant  and assign all his term and estate to one James mott by virtue whereof he  enter and be possess for the residue of the say term Carthew er p and upon a  demurrer to this plea the only point be whether this assignment of the term  without any notice give to the plaintiff shall bar he from this action or  whether the defendant shall still continue Chargeable until the plaintiff have  notice of the assignment for it be agree by all that this be a good bar if the  plaintiff have any notice of the assignment over c but the court be divide  videlicet pollexfen Ch just and Rokeby hold clear that the defendant ought in  his plea to have set forth notice give to the plaintiff of this assignment  otherwise this inconveniency will ensue videlicet the lessor will be defeat of  his action of covenant for by such secret assignment he may never find the  tenant of the land against who to bring his action therefore this convenient  that where a termor assign and will discharge himself of the covenant that he  ought to give notice thereof to he in reversion and for this purpose the case  in the mark gin footnote be cite Carthew but justice Ventris and Powell be of  a contrary opinion videlicet that the plaintiff be bind to take notice of the  assignment c at his peril because this action be find mere upon the privity of  estate and not upon any privity of contract and here by the assignment over of  the term all the privity of estate between the plaintiff and the defendant be  go and destroy Self facto and by consequence this action which depend on such  a privity be also go and if so then this bar be good without allege any notice  give to the plaintiff the court be thus divide the cause be adjourn to  easterterm follow before which time justice Ventris die and afterward  videlicet in easterterm the plaintiff have judgement by the opinion of two  judge as aforesaid but upon a writ of error on this judgement in easterterm  William per holt Ch justice and two more the aforesaid judgement be reverse  upon the point in law they be of opinion that the assignee be not bind to give  notice to the lessor but that the assignment be complete without notice and by  consequence the defendant be discharge of all the rend accrue after the  assignment see lev covenant against the lessee after assignment of his term  bring upon a express covenant for nonpayment of rend and hold good and that  the accept the assignee as tenant do not hurt