Later, the assign got a more
independent standing, as the original foundation of his rights
sunk gradually out of sight, and a release after assignment
became ineffectual, at least in the case of a covenant to pay
rent. /2/
Only privies in estate with the original covenantee can have the
benefit of covenants for title. It has been shown that a similar
limitation of the benefits of the ancient [380] warranty was
required by its earlier history before the assign was allowed to
sue, and that the fiction by which he got that right could not
extend it beyond that limit. This analogy also was followed. For
instance, a tenant in tail male made a lease for years with
covenants of right to let and for quiet enjoyment, and then died
without issue male. The lessee assigned the lease to the
plaintiff. The latter was soon turned out, and thereupon brought
an action upon the covenant against the executor of the lessor.
It was held that he could not recover, because he was not privy
in estate with the original covenantee. For the lease, which was
the original covenantee's estate, was ended by the death of the
lessor and termination of the estate tail out of which the lease
was granted, before the form of assignment to the plaintiff.
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