Where debt is brought on a lease for years, on the contract, it may be brought any where. But where it is brought on the privity of the estate, as here, it ought only to be brought where the land is. It has been so adjudged both in the K. B. and C. B. Trethorn and Cleebrook’s case. Let the plaintiff pay costs, and then per favorem cnræ he may amend his declaration. Godb. 385. vin. 26, 69. Hut. 68. Jones 44. Postea, p. 271.
Smith v. Wayt, 1 N.C. 197, 1 Mart. 197 (1793)
1793
·
United States Circuit Court for the District of North Carolina
1 N.C. 197, 1 Mart. 197
*Smith vs. Wayt.
Hill. 2 Car.
A LEASE was made in London of land in Middlesex, the lessee assigned; the essor died, the rent being an arrear, and the administrator of the lessor brought debt in London against the assignee; and Stone moved whether the action should be brought in London or Middlesex, where the land lies?