case valiant versus DODEMEDE may SC ante post as at law a assignee of a term  may assign and thereby get rid of his subsequent rend and the covenant which  run with the land a strong he may do it in equity the plaintiff claim under a  term for year which original belong to one Herbert Herbert demise the premise  in question to Charles great for year and a half Herbert die leave Herbert  Jacob his executor who demise the say premise to Charles great for a further  term of year great die leave Susan great his sole devisee and executrix Susan  die leave Sedgwick her executor and one Walkwood her residuary legatee  Walkwood demise the premise to James for year at pound rend and Sedgwick by a  endorsement agree to this lease James mortgage his lease to one barn and  Walkwood mortgage his reversionary term to one Wooley barn and James join in a  mortgage of Walkwoods lease to the Valliants and afterward Walkwood and  Woolley join in convey the absolute reversion of the say term of and a half  year and year to the Valliants James have build four new message on the  premise in consideration whereof and of part of the mortgage money due on  James mortgage be pay to the Valliants they convey the four house to rous in  trust to secure pound per and for James the Valliants covenant with James to  pay the say pound James and the Valliants join in a assignment of Walkwoods  lease to Dodemede redeemable by James and afterward James abscond and Dodemede  enter into possession receive the rend from the under tenant and pay the pound  per and then follow the circumstance of the fire and the assignment to  Lascelles as state in the report and after have be grant to different person  at last vest in one Charles Grake his residuary legatee and one Sedgewick his  executor in may Susan Grake create a new term out of the old by grant a  underlease to Richard James for year render the rend of pound per and the  executor of Charles Grake do not join in this lease and therefore only the  equitable interest in the house pass by it in Richard James make a mortgage of  these house to valiant afterward on the saint of may in the same year Susan or  her representative by indenture assign to valiant a term of year and a half  together with another reversionary term of year in these premise so that  valiant become not only mortgagee under Richard James but be entitle likewise  to the rend of pound per and which before belong to Susan Sedgewick be no  party to this deed soon after the execution of the last deed Richard James  build some new house upon the premise in consideration of which valiant agree  to pay he a rend of pound per and and in order to atkins secure the payment of  this rend in valiant demise the premise to rouse in trust to pay pound per and  to Richard James and as to the residue for the benefit of valiant the  consequence of these thing be that as matter then stand valiant will have have  a remedy against Richard James for the pound per and and Richard James will  have be entitle to a deduction of the pound per and in July Richard James make  a assignment to Dodemede of his equity of redemption in the year term and also  of the rend of pound per and by way of mortgage for secure pound lend by  Dodemede in the mortgage deed be a exception of the rend of pound per and and  likewise of four house which James have late build on the that of July other  sum be advance by Dodemede to Richard James amount in the whole to pound or  pound in a short time after Dodemede enter into possession as mortgagee and  while he be so possess pay the rend of pound per and to valiant in a fire  break out which consume five of the house but Dodemede bad insure some of they  about this time Dodemede make a proposal to valiant to surrender the premise  to he and in order to induce he to it offer that he shall have the insurance  money amount to pound and that he will sell he the rend of pound per and for  pound and that if he will not agree to do it he will assign the premise to any  body valiant reject this proposal without make any on his side and apply to  the fireoffice for the pound insurance upon Dodemedes refuse to rebuild the  house which be burn and Valliants agree to do it the fire office pay valiant  the money accord Dodemede take a good deal of pain to find out a person who  will accept of the assignment and at last prevail upon Lascelles a prisoner in  the fleet for the price of four guinea to accept of it and Dodemede make a  assignment of it accord date d December from that time Dodemede never receive  any part of the profit of these house the bill be bring by valiant and other  against Dodemede and other pray that Dodemede may set off the say pound ayear  out of the say pound ayear not only for the time pass but for the residue of  say term of year and that the defendant may pay the plaintiff all arrear of  the say pound ayear and pay the same for the future as it shall become due and  that the say Lascelles may be enjoin from receive the rend and commit waste  among other thing that the assignment make by Dodemede to Lascelles may be set  aside as fraudulent and in consequence of it that Dodemede shall be oblige to  pay the rend of pound per and to valiant atkins Lord chancellor as to the  arrear of rend incur before the fire it be extreme plain that Dodemede be  liable to make satisfaction to the plaintiff because atkins er p during that  time he be in possession of the rend and profit of the estate however as he  have make a assignment to Lascelles valiant have no remedy for these arrear at  law and be under a necessity of come into this court for its assistance the  next question be whether valiant be entitle to the aid of this court to  recover the arrear which incur after the fire and before the assignment to  Lascelles and though it be more doubtful than the other question yet I be of  opinion he be entitle for notwithstanding the accident of the fire Dodemede  continue in possession of the house which be unburnt and receive the rend of  the undertenant and be certain liable therefore at law and as valiant can  distrain on account of the assignment to Lascelles he ought to have the  assistance of this court but there be a great difference in regard to the  arrear incur since the assignment to Lascelles and it will be go too far if  the court be to assist the plaintiff against Dodemede in this respect for the  law say a assignee of a term may assign and thereby get rid of his subsequent  rend and the covenant which run with the land pitcher v tovey salk Carth bull  nisi Pri so though the assignment be to a beggar c as in this present case of  valiant v Dodemede Leheux v Nash stram salk say contra knight v freeman vent  vide walker case   a a and if it be so at law it be reasonable he shall in  equity which in case of this kind follow the law though indeed it be true that  in some sort of assignment make by tenant the court have interpose vide  treacle versus coke vern and Philpot versus hoar Nov vide ante p but these  case be distinguishable from the present and particular the last for the great  point there be that the party to who the assignment be make or pre tend to  have be make act real as a agent only for the assignor there be no proposal as  in the present case to surrender up the premise to the landlord and if there  have the court declare they shall not have relieve whereas here there be a  express offer by Dodemede to surrender the premise to valiant on certain term  which by no mean appear to be unreasonable beside too here be a general  calamity and a unforeseen one from fire and as Dodemede lend to James pound or  pound upon the estate which he be likely to lose it will be extreme hard to  oblige Dodemede to pay the pound rend since the assignment to Lascelles  especial as valiant have receive the atkins pound from the fire office  notwithstanding Dodemede make the assurance the last question relate to the  pound per and which be agree to be pay by valiant to Richard James whether it  ought not to be deduct out of the pound per and I be of opinion that it ought  whoever be entitle to it the representative of Richard James or the defendant  Dodemede for it be the ordinary direction of this court that such sort of  demand shall be set one against the other his lordship direct the master to  take a account of the say rend of pound which become due from Christmas to  Christmas in which account the master be to make a particular allowance for  the say pound agree to be pay to James under who Dodemede claim and also a  allowance for the premium of insurance and the balance on such account to be  pay to the plaintiff by Dodemede and his lordship order that the plaintiff  shall retain the say pound per and as part satisfaction of the grow payment of  the say pound ayear since the assignment to Lascelles and his lordship with  the consent of Lascelles order that he shall assign the premise to the  plaintiff and in the meantime shall be restrain from receive the rend and  commit waste Reg lib b fol atkins er p