case sir edward peto against Pemberton Michaelmas term car roll a rentcharge  for life be suspend by the acceptance of a lease for year of the land and  revive again by a surrender of the lease hetley Hutton     light a Cowp dougl  term Rep in plead the surrender of a lease it be sufficient to say the demise  aforesaid Plowd vent in plead a surrender of a lease it need not be show that  the lessor enter after the agreement to surrender but the lessors assent must  be show post   b   b   light vent if the grantee for life of a rend accept a  lease of the land from the reversioner and the lease be afterward surrender  the rend revive ante   light dougl replevin the defendant make cognizance as  bailiff to Burgundy peto because that Burgundy peto his father have grant a  rentcharge of S d to he for his life and for fortysix pound rend arrear at the  annunciation primo James he distrain and aver the life of the grantee the  plaintiff confess this grant but that afterward this land so charge descend to  the say Edward peto who let it to the say Burgundy peto for five hundred year  I April James and that the say Burgundy peto enter by virtue of the say lease  for year and be possess et hoc c the defendant rejoin that after this lease  and before any part of the rend be arrear videlicet December James he  surrender dimission prediction of the say land to the say Edward peto who ad  tunc et ibidem thereto agree et hoc c and hereupon the plaintiff demurrer  first it be object that the plead of the surrender dimission prediction and  not of the tenement or of all his estate therein be not good say non allocatur  for the surrender of the lease imply all his estate and interest and so it be  intend and although the usual course be to plead surrender of the estate yet  it be all one and so much be imply croak car er p second it be object that  although he have plead a surrender and that the lessor agree thereto yet  because it be not plead that the lessor enter the rend which be suspend remain  yet suspend until the lessor enter or waive the possession say non allocatur  for when he plead that the lessor agree to the surrender it shall be intend  that he enter and it be not usual to plead a reentry upon a surrender no more  than when a feoff be plead to plead livery and seize thereof because it be to  be admit three for the matter in law when the grantee of a rend for life  accept of a lease for year of part of the same land and surrender croak car  the say lease whether the rend remain suspend during the year or be revive  present by the surrender Brampston sergeant much urge that it be determine  during the term for year for if he have grant this lease over it have pass the  rend inclusive so in this case where the lessee surrender it be quasi a grant  to he of the term and therefore the rend shall not be revive but he agree if  the lease have be to the grantee of the rend upon condition and the lessor  have enter for the condition broker or have recover in waste the rend have be  revive for the lease be absolute determine a but here the lessor be in by the  lessee quasi by his own act and therefore it shall not be revive but all the  court hold that the rend be revive for by the surrender and agreement of the  party the lease be absolute determine and not in be and none of they can say  that it be in be but a stranger who be to have benefit thereby may well say  that it be in be as to he but quoad the lessor and lessee it be determine and  the possession and interest be in he without entry wherefore it be adjudge for  the avowant