Joseph Story

“ Whether the plaintiff, as assignee of the rent, not being assignee also of the estate in the premises, or of the right of re-entry, can maintain the present suit, is quite a different question. If he had been the assignee of the estate, or of the right of re-entry, as well as of the rent, he would clearly be entitled to maintain it ”

“ It is added, that Lunt, in fact, in his lifetime, assigned over his estate in the premises, and that his administrator is not responsible for any rent subsequently accruing and in arrear. But this fact nowhere appears upon the pleadings; and if it did, it would not help the defendant; for it is firmly established, that upon a covenant of this sort, the personal representatives of the covenantor are liable for the non-payment of the rent, after assignment, although there may also be a good remedy against the assignee. ”

“ The common law of England, and all the statutes of parliament, made in aid of the common law, prior to the fourth year of the reign of king James I., which are of a general nature, and not local to the kingdom, were expressly adopted by the Virginia statute of 1776 ”