The term "privity" means mutual or successive relationship to the same rights of property. The executor is in privity with the testator, the heir with the ancestor, the assignee with the assignor, the donee with the donor, and the lessee with the lessor. Union Nat. Bank v. International Bank, 123 I1L 510, 14 N. E. 859; Hunt v. Haven, 52 N. H. 169; Mygatt v. Coe, 124 N. Y. 212, … [Read more...]

For counsel given. An annuity pro consilio amounts to a condition, but in a feoffment or lease for life, etc., it is the consideration, and does not amount to a condition; for the state of the land by the feoffment is executed, and the grant of the annuity is executory. Plowd. 412. … [Read more...]

The relation which subsists between two contracting parties. Hamm. on Part. 182. 2. From the nature of the covenant entered into by him, a lessee has both privity of contract and of estate; and though by an assignment of his lease he may destroy his privity of estate, still the privity of contract remains, and he is liable on his covenant notwithstanding the assignment. … [Read more...]

In behalf of the body of the realm. Hale, Com. Law, 32. … [Read more...]

The relation which subsists between a landlord and his tenant. 2. It is a general rule that a termor cannot transfer the tenancy or privity of estate between himself and his landlord, without the latter's consent: an assignee, who comes in only in privity of estate, is liable only while he continues to be legal assignee; that is, while in possession under the assignment. … [Read more...]