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A. Seised of a Mannor seased the same for years, rendring Rent, with Clause of re-entry; and afterwards levied a Fine Sur Conusans de Droit, to the use of himself and his Heirs; The Rent being demanded, is behind. Dyer, A. cannot re-enter; for although in right the Rent passeth without Attornment, yet he is without remedy; for it is without Attornment: and it would be hard without Attornment to re-enter, &c.
It was moved further, If here the Conusor be Assignee within the Statute of 32 H. 8. Manwood, The Reversion of a Ter∣mor is granted by Fine, there wants privity for an Action of Debt, Waste, and Re-entry: But if the Conusee dieth without Heir, although that in right it was in the Conusee; yet the Lord by Escheat shall make Avowry, and yet the Conusee by whom he claimeth, could not. And in the Case at Bar, the Conusee him∣self could not, but the Conusor being Cestuy que use, who is in by the Act of Law, shall avow, and shall re-enter without Attorn∣ment: For the Conusor is in by the Statute of 27 H. 8. Harper, The Heir of the Conusee shall avow and re-enter before Attorn∣ment. Dyer, 13 H. 4. The Father leaseth for years rendring Rent, with Clause of re-entry; the Father demands the Rent, which is not paid; the Father dieth, the Son cannot re-enter, For the Rent doth not belong unto him: And therefore in the Case at Bar, the Conusee cannot avow for the Rent before Attornment; therefore not re-enter.
1 Inst. 309.