case overton against SYDAL Hilary term Elizabeth roll a prehend can bring a  action ofdebt against the executor of the lessee of his predecessor for rend  due after a assignment of the term post   more Poph vent I I side latch   Ent  dalis Leon and cro James Bulst sand roll Rep sand lev Carth Com dig dougl debt  against a executor for rend reserve upon a lease for year the case upon n  demurrer be that the prehend of Tervyn in the co iity of ob e star f that land  for year render rend whichlease be confirm by the dean and chapter the  lessee dies the executor assign over his term the prehend resign a new prehend  ig make and for rend due after the assignment he bring debt against the  executor of the first lessee and whether this action lie against the executor  after the assignment croak Elizabeth of the term be the sole question gawdy  the action lie not ofr the first lessee be Chargeable as well by reason of the  possession as also for the privity of contract and therefore although he  assign over his term yet by reason of the privity of contract he shall always  be Chargeable to the lessor for the rend as well for that due afterward as  before as Edward pl and a case late adjudge in this court between walker and  Harris a mich term Elizabeth but where he be not Chargeable by reason of the  privity of contract but by privity in law by reason of the estate in he if the  privity be transfer either on the one side or other the action upon the  privity of contract be determine as where the lessee assign over his to and  the lessor assign over the reversion the grantee shall not charge the lessee  for the rentdue after the assignment as it be adjudge in this court Hilary  term Elizabeth roll betwixt humble and glover b and as it be where the privity  be remove on the part of the lessor so it be in this case for the executor  here be not Chargeable by the contract but by the privity in law videlicet  that he have the term which be remove the action against he fail for there be  not any cause of actin betwixt they but by reason of the term which be in he  and his interest therein and lift causan to lift execution wherefore c Fenner  accord the executor be not party nor privy to the contract as the testator be  for he shall not be charge but only in the deticnet and not in the debet et to  hold off quod Popham to go away send gawdy to say no for in regard he occupy  after the testator death there be no doubt but that he shall be charge in the  debet et to hold off and then Fenner say that this charge be by reason he have  the term and not by reason of the contract for no doubt if the testator  himself have assign over his term although he himself have be Chargeable for  the rend during his life yet when he die his executor be not Chargeable for  the rend due after his death the same law be here when the executor assign  over the term whereby he be only Chargeable he shall not be charge for any  rend afterward due here also the privity of the contract be remove from the  plaintiff part for the plaintiff not be lessor but his successor he be not  party but privy only in law so the executor be only Chargeable for the privity  in law wherefore the plaintiff can have this action against he but during the  time that this privity by reason of the estate and interest in the term  continue and therefore a say qucere vide the S c move again and adjourn post  and SC more where it be say that Popbam afterward change his opinion and  Fenner doubt and that it be ultimate adjudge with Poiham but   seem otherwise  a   SC more side deny to he law agree to be law latch say not adjudge Poph b  ante   croak Elizabeth er p the plaintiff after this assignment can maintain  this action against the defendant Clench accord in omnibus Popham contra at  the first for he hold that the executor shall he as well Chargeable as the  testator because he come in loco testator and as he shall partake of every  benefit which his testator shall have do so shall he he subject to every  charge wherefore he by his own act shall not avoid this action against he but  afterward upon hetter advisement he hold in regard the plaintiff be not party  to the contract but only privy in law and the defendant be not Chargeable by  reason of his own contract but by a privity in law the cause of his charge be  remove by the assignment of his term that this action lie not for the  plaintiff against he wherefore it be adjudge accord