The lease for ten years from the owner of the fee to the plaintiffs expressly conveyed to them an estate in the premises extending beyond the term of the prior lease for five years to the defendants, and the rent subsequently accruing under that lease, and entitled them to sue for such rent in their own names. Burden v. Thayer, 3 Met. 76. Kendall v. Carland, 5 Cush. 74. Hunt v. Thompson, 2 Allen, 341.

Exceptions overruled.