case barker against Damer Hilary term will and mary roll or if a person seize  in fee of land in Ireland make a lease for year of the same in London and the  lessee covenant to pay the rend to the lessor his heir and assign in London  the assignee of the reversion can maintain covenant in London for nonpayment  of rend against the assignee of the lessee of this lease for although it be a  express covenant yet the privity of contract be destroy by the assignment the  party be only Chargeable by reason of his possession and their covenant on the  privity of estate must be where the land lie S c salk S c show S c Carth   cro  car latch W Jones hob cro James lev sand   dyer lev cro Elizabeth salk Mod Mod  Mod stram stram ld ray Bac Abr modern er p will dougl term Rep term Rep term  Rep a action of covenant be bring by sir William Barker who be defendant in a  former action against Mr Damer wherein he declare that William Barker his  father be seize in fee of the land in question be in Ireland and make a lease  thereof to one page for thirtyone year under the yearly rend of two hundred  pound in which lease page do covenant for himself his executor administrator  and assign to pay the rend to Mr Barker his heir and assign modern that  William Barker the father by lease and release convey the reversion to sir  William Barker the now plaintiff and that the term be vest in the defendant  and assign the breach for nonpayment of the rend the defendant plead to the  jurisdiction of this court that the land in the declaration mention lie in  Ireland where they have court of record c and so proper triable there to this  plea the plaintiff demurrer and the defendant join in demurrer the single  question be whether a assignee of the reversion can bring a action of covenant  against the assignee of a lessee in any other place than where the land be  those who argue that he may say that this action be bring upon a express  covenant be not local but transitory Inst Noy cro James side roll Abr and a  for debt is owed et shrinking are no one loci and if it be a duty it be so  every where therefore it have be adjudge that upon a covenant bring in one  county the breach may be assign in another Tremaine sergeant on the other side  admit that debt upon a lease for year upon the contract itself and covenant  between the same party be transitory action and may be bring any where but  when once that privity of contract be go as by assignment of the lessee or the  death of the lessor and there remain only a privity in law there the action  must be bring in the county where the land lie latch b the reason be because  the party be then Chargeable in respect of the possession only hob c therefore  it be hold board v Cudmore cro car Jones dyer d that where a assignee of a  reversion of land in somersetshire bring a action of debt in London upon a  lease for year make there reserve a rend Payable at London which be in arrear  after the assignment that the action be not well bring for it ought to have be  lie in somersetshire where the land be because the privity of contract be lose  by the assignment of the reversion and thereafter the party to who that  assignment be make ought to maintain the action upon the privity in law by  reason of the interest which he have in the land itself and that must be in  the county where it lie see lev lev sand will Tidds practice Cowp term Rep a  modern curian there be a difference between a action of debt for rend bring by  a assignee and a action of covenant for the first be a action at the commonlaw  which have fix the rend to the reversion and therefore such a action must be  maintain upon the privity of estate which be always local but a assignee of a  reversion can not bring a action of covenant at the commonlaw for it be give  to he by a particular statute videlicet of Henry c but the statute do not  transfer any privity of contract to the assignee but the intent of it be to  annex to the reversion such covenant only which concern the land itself as to  repair the house and amend the fence and not to annex or transfer any  collateral covenant as to pay a sum of money for that be fix by the commonlaw  to the reversion it be true at the commonlaw a assignee of a reversion may  have maintain a action of covenant for any thing agree to be do upon the land  itself privity of contract be not thereby transfer so as to make the action  transitory but it must be bring upon the privity of estate for if a man  covenant to do any collateral thing not in the demise and the word assign be  in the deed yet they be not bind if they have no estate so that it modern er p  be not the name of they but by reason of the estate in the land they be make  Chargeable No judgement be enter upon the roll it do not appear in the report  of this case show that any judgement be give but SC Carth say the court  incline against the plaintiff for that they do not apprehend any difference as  to this purpose between a action of covenant and debt in the case of weigh v  Yelli Mod in debt for rend upon a demise of land in Jamaica bring in London by  the lessor against the lessee holt chief justice recognize the above case of  Parker v Damer as good law for it be ground upon the privity of estate which  be local and therefore to be bring where the land lie S c salk see also the  case of web v Russell term Rep b modern er p modern report volume modern  report or select case adjudge in the court of king bench chancery common plead  and exchequer volume the four contain a collection of several special case  argue and adjudge in the court of king and queen bench from the second to the  six year of William and mary and judgement thereupon with several of the plead  at large be careful examine by the record and also the number of the roll of  most of the other case the five edition correct by thomas leech Esq of the  middle temple barrister at law hilary term the second of William and mary in  the king and queen bench sir John holt Knt chief justice sir William dolben  Knt sir William Gregory Knt sir Giles eyres Knt justice sir George Treby Knt  attorneygeneral sir John summer Knt solicitor general