
    GENERAL COURT,
    OCTOBER TERM, 1798.
    Harrison, Assignee of Stokes, vs. Steele.
    This wTas ah action of covenant upon a lease by the assignee of the lessor against the lessee, for rent in arrear« [See the declaration in 1 Han Ent. 522, 523.]
    The defendant entered a general aemnrrer to the declaration. Joinder in demurrer.
    
      Martin, (Attorney-General,) for plaintiff,
    cited the case of Mew comb vs. Harvey, Carthew 161, to prove that Stokes could recover from Steele the annual rent reserved by him in Ms deed as a rent, and that it is not considered a sum in gross; and further to prove, that if Steele had assigned, Stokes could still support Ms action against the second assignee. If Stokes could support Ms action against the assignee of Steele, e converso, the assignee of Stokes, (Mr. Harrison,) can support his action against Steele; for if the interest is assignable in law so as to give legal remedies, it will operate equally in each case; that is, in the case of the assignee of him who is to receive the rent, as well as in that of the assignee of him who is to pay it. Covenant lays for an assignee upon every covenant that concerns the land, as paying rent, &c. — 2 Com. Dig. 563, pi. 6, though not on collateral covenants. An assignee shall not take advantage of a condition for payment of a sum in gross. — Co. Lit. 215. b. But this rent is not a sum in gross, but is recoverable as a rent. — Carthew, 161. 1 Ventris, 242, 272. In the deed from Steele to Stokes there is an express covenant to pay the annual rent to Stokes and his assigns. Every person who has a certain interest in a thing which lies in grant, as rent, &c. may assign it. — 1 Com. Big. tit Assignment, 402,’ so a grant of so many cords of wood growing on land, is an interest assignable. Ibid,
    
    
      Smith, for defendant, 
    
    
      
      ía ) Notes of the argument of the defendant’s counsel have not been procured — and in other cases where there is no sketch given of ir.he argument of counsel, the omission was for the reason above stated.
    
   The Generar Court gave judgment upon the demur= rer for the plaintiff, and assessed damages, &c.  