Clarkson against Gifford

Clarksow against Gifford. In covenant of seisin, the venue will be changed to where the lands lie. Harison moved, on the usual affidavit, to change the venue. Evertson. This action is founded on a specialty: in suits of this sort, the court does not change the venue. Harison, in reply. The action is on a covenant of seisin, affecting, or, as the technical phrase is, savouring, of the realty. The common law principle is, that demands arising from privity of es-(ate, are, in their nature, local, and must be sued for where the estate lies. Debt, therefore, for rent, as incident to the reversion, is local, (Thrale v. Cornwall, 1 Wils. 165,) if brought by the assignee of the lessor. So covenant if against tho assignee of the lessee by the lessor, (Stevenson v. Lamboard, 2 East, 575,) or by the assignee of the reversion against tho assignee of the lessee, or vice versa, the assignee of the lessee against the assignee of the reversion. Eor the only chain which connects these parties is the estate. But where the debt springs from privity of contract, as debihim ef contractus sum mllius loci, the action is transitory. Therefore between lessor and lessee. (Bulwer's Case, 7 Term Rep. 2. a) But as the statute (1 Rev. laws, 105,) has transferred the privity of contract with respect to covenants which subsisted between lessor and lessee, to the assignee of the reversion and the lessee, those express covenants which run with the land, and were, by the common law, local, are now transitory. See Thursby v. Plant, 2 Saund. 237, notes (5) and (6). Case for a nuisance is local. Warren v. Webb, 1 Taun. 379. See New York Code of Procedure, secs. 123 to 126, as given ante, p. 4. [MAJORITY] Motion granted.