An acceptance of rent cannot es-
tablish an estate or a lease abso-
lutely void, it renders good only
an estate voidable by entry. 270
Acceptance of rent creates a te-
nancy from year to year, and en-
titles the party to a notice to
quit, in what cases.
161
Acceptance of rent is a waiver of a
notice to quit, in what cases.
169. 170
The penalty of a nomine pænæ is
waived by acceptance of rent. 248
If lessor accept rent after condition

broken it will bar his entry. 266
Acceptance of (single) rent accrued

after notice to quit, is a waiver of
landlord's right to double rent. 349
The assignee of a reversion, who has
accepted rent from the assignee
of the term, may maintain cove-
nant against whom.
286
Acceptance of rent from an assignee
after notice of the assignment,
dispenses with a condition that
the lessee shall not assign without
licence.

See Covenant, Debt, Notice.

Action.

259

See Assumpsit, Case, Covenant, Debt,
Detinue, Ejectment, Replevin, Tres-
pass, Trover, Waste.

Administrators and Executors.
They have the same interest in the
chattels of their intestate or tes-
tator as the deceased had. 299
They may dispose absolutely of

terms of years in right of their

intestate or testator.
81
Executor of a lessee, who has as-
signed, is liable to the same co-
277
venants as the lessee.
As to notice to quit, they stand in
the situation in which the de-
ceased would have stood. 161
As they have the chattels of the de-
ceased, so they are entitled to the
evidences concerning them. 299
Trees, in what cases in the nature of
a chattel, and therefore go to the
executor of the lessee, and in
ibid.
what not.
Executor or administrator of the
lord is entitled to fines due in the
lord's time.

298
The executor, &c. of tenant in fee
shall have the emblements, if such
tenant die after sowing and before

299

The benefit of a covenant or obliga-
tion goes to the covenantee's exe-
cutor, &c. in what case. 298
The executors, &c. of a bishop les-
see shall have the residue of the
lease.
The same action that the deceased
might have had, may the execu-
tor, &c. have also.
300
But an executor, &c. cannot charge
another for a personal wrong done
to his testator.
301
Where lessee's rent is assigned by
act of parliament, his executor
becomes liable to covenant for
rent, in what case. 271. 272
The executor, &c. is entitled to an
action of covenant, on a personal
covenant with their testator, whe-
ther named or not. 302.303
The executor, &c. of a lessee may
have covenant for the renewal of
a lease.
303
Of executor charged as ter-tenant
for his enjoyment of the pre-
mises.
ibid.
The executor of a lessee when liable
on covenants that run with the
land.
278. 303
When charged in covenant either
as executor or as assignee. 303
Upon a covenant implied an action
will not lie against him. ibid.
Distinction as to heir and executor
respecting a covenant to repair.

480

302
The executor or administrator may
have an action against the bailiff
of a liberty for executing a fi. fa.
and removing goods off premises
before the landlord was paid a
year's rent.
In action of debt or covenant for
rent, incurred after lessee's death,
his executor or administrator may
be charged by the lessor either as
such, or as assignee.
338
An executor may have replevin for
goods taken in his testator's life-
488

By action of covenant.
By action of assumpsit.
Stamp necessary to agreements.
30. 31

Where a note in writing is, expres-
sing the quantum of rent or the
duration of the term, a parol
agreement substantially varying
from the written contract is in-
admissible.
332

186

187

ibid.

Apportionment.
Apportionment, what.
Apportionment of rent, regulations
concerning.
Rent apportioned between the exe-
cutor and remainder-man of te-
nant in tail, in what case.
between the representative and
the remainder-man.
189
Case, in which the statute 11 G. 2.
relative to apportionment does not
apply.
ibid.
Quit rent will not be apportioned as
between tenant for life and re-
mainder-man.
ibid.
Where lessee accepts a new lease
of part of the land demised, the
rent shall be apportioned. ibid.
So, in case of a reversion granted of
part of the land leased. ibid.
So where land and a flock of sheep
were demised, in what case. ibid.
Lessee may be sued for apportion-
ment of rent, in what cases.

Appurtenant.

190

See Administrator and Executor, and
Heir.

ibid.

258

The proper covenants on the part of
the assignor and assignee.
Of covenants not to assign.
Such a covenant is not implied by a
contract to grant a lease with com-
mon and usual covenants. ibid.
What shall be good as an under-
lease, and not as an assignment. 259
If lessee alien without licence, equity
will not relieve him.
260
An assignee is liable only in respect

of his possession, in what case. 278
But under an absolute assignment of
a term, he is liable before he takes
possession, for what reason. ibid.
A mortgagee is such an assignee.

ibid.

So, the executor or administrator of
the lessee is liable to the grantee
of the reversion on covenants that
run with the land.
ibid.
The lessee's executor is liable to co-
venant for rent, though the les-
see's estate be discharged by act
of parliament.
ibid.
If the lessee assign the lease, he may
assign a bond for the performance
of covenants.
ibid.
But it must be done before any co-
venant be broken.
ibid.
The assignee takes subject to all the
equity to which the original party
was subject.
ibid.
He is bound, therefore, to perform

statute.

285

The assignee of part of the estate of
the reversion may take advantage
of the condition.
But not the grantee of part of the
reversion.
ibid.
Whoever comes in by act of the
party is an assignee within the
ibid.
But such as come in merely by act
of law shall not take the benefit of
the statute.
ibid.
The grantee shall not take advantage
of a condition before notice to the
lessee.
ibid.
But he may of a covenant. ibid.
The grantee or assignee may take
advantage, of what conditions.

ibid.
The assignee of a reversion may
bring covenant against the execu-
tor of the lessee, or assignee of
the term, for a breach committed
after assignment, in what case.

286
Equity will not compel an assignee.
of a mortgagee to repair who
never entered, though he is liable
at law.
ibid.
But the assignee of a term by way
of mortgage, is liable to rent,
though he never occupy. ibid.
What cannot be supported as an as-
signment, deemed good as
under-lease.
287
What amounts to an assignment.
ibid.

an

The grantee of a reversion cannot
have debt against a lessee who has
assigned over.
ibid.
Otherwise, if the lessee assign part
only of the land.
ibid.

A lessee who assigns to a stranger
may have debt for the rent. 328
In debt for rent against an assignee,
the venue must be laid where the
land lies.
So also if debt be by the assignee
of the lessor against the lessee.

329

ibid.
But it is otherwise in covenant which
is transitory.
ibid.

In debt for rent (as in covenant) by
the assignee of the reversion a
gainst the lessee, all mesne assign-
330
ments must be set forth.
In an action of debt for rent incurred
after lessee's death, his executor,
&c. may be charged by the lessor,
either as such, or as assignee, in
what case.
ibid.
So, in covenant under similar cir-
ibid.
cumstances.
An assignee cannot distrain, in what
305
Of the assignment of waste (see tit.
waste.)
522

case.

Of the assignment of a replevin
bond.

Assumpsit.

522