Opinion

State Ex Rel. Brown v. Brown

  • 2 Del. 5
Court
Superior Court of Delaware
Filed
Jul 5, 1835
Status
Published
Author
Clayton
On the bench
Clayton
Cited by
0 cases

The opinion

Clayton,

Ch. Justice.

It was decided in Kent, twenty-five years ago, by the late Court of Common Pleas in

Vanhoy's

case that, even under the old law, you could not bring an action on the bond for rents. The reason was, that the condition of the administration bond did not cover rents, but was only for the faithful administration of the goods and chattels, rights and credits of the decedent. Rents are not such. The late Supreme Court made the same decision in the case of

Barber

vs.

M'Clyment’s Ex’rs.

It is true, the act of assembly makes them

quasi

assets for the payment of debts, but they do

*6

not therefore, come within the condition of the bond. They may be recovered in an action of assumpsit. (Dig. 228.)

Wootten

for plaintiff,

Layton

and

Frame

for defendants.

Judgment of nonsuit.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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