The liability of an assignee arises on the mere assignment of the legal estate in the demised premises, even though the assignee has not entered1. The assignee is liable, however, on the covenants only where he has taken a legal assignment of the entire residue of the term2, or where he has estopped himself from denying such an assignment (as, for example, where he has gone into possession and paid the rent reserved by the lease3). An equitable assignee, therefore, whether under an agreement for an assignment4, or as equitable mortgagee5, is not liable, notwithstanding that he has entered
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