barker versus Damer hill W m b r rot Mod SC salk SC show SC action of debt for  rend against a assignee of a term be local and so be a action of covenant  against such a assignee because this find on the privity of estate Danv pl  covenant c upon a indenture of lease of land in Ireland which be now bring by  the grantee of the reversion against the assignee of the lessee upon a express  covenant for payment of rend reserve to be pay at London and the breach assign  be for nonpayment of rend the defendant plead to the jurisdiction videlicet  that the land demise and out of which the rend be reserve lie in the kingdom  of Ireland c and upon a demurrer to this plea it be argue for the plaintiff  that there be a express covenant to pay the money in London upon which  covenant this action be ground therefore since the payment be to be make here  that alone without any thing more will be sufficient to draw the whole to the  jurisdiction of the king court here like the common case dyer Inst Yelv f n b  d sand Carthew er p where part be do upon the land and part upon the sea that  which be do on the land be sufficient to draw the whole jurisdiction from the  admiralty to the court of commonlaw beside it appear by the bill that the  defendant be in custodian mareschalli that will be enough to give jurisdiction  to this court and if this court have not jurisdiction there will be a failure  of justice because the person remain here in England when his land be in  Ireland so that the plaintiff can have his action in Ireland for want of the  person nor here for want of the land which will be very inconvenient if it  shall be doubt whether a action of covenant will lie against the assignee of a  lessee after the term be determine upon a express covenant the case in the  margin footnote prove that it will and this show that the action be not find  alone upon the privity of estate but that it have a respect to the t express  contract Carthew this action bring by the grantee of the reversion against the  assignee of the term be in its nature local because this find mere on the  privity of estate for by the assignment of the term the privity of contract be  whole determine it be adjudge in several of our book that a action of debt for  rend against a assignee of a term be local and will lie no where but in that  county where the land be and the same reason hold in covenant against the  assignee for this action as well as that of debt be maintainable only upon the  privity of estate and the defendant be mere charge thereby because this a  covenant which run with the land for if it have be a collateral covenant the  assignee will not have be bind by it and that prove the action be local only  with respect to the land notam it be agree by all that the grantee of a  reversion may maintain a action of covenant against the lessee himself as well  in the county where the demise be make as in the county where the land lie  because the privity of contract between the lessor and the lessee be transfer  to the grantee of the reversion by the statute of h c 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