# State Ex Rel. Brown v. Brown

> Superior Court of Delaware · July 5, 1835 · 2 Del. 5

URL: https://www.frixlaw.com/law-library/cases/3373278

## Case

- **Full name:** The STATE Use of ELIZA A. BROWN vs. WILLIAM BROWN
- **Court:** Superior Court of Delaware
- **Decided:** July 5, 1835
- **Citations:** 2 Del. 5
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Clayton
- **Judges:** Clayton
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3373278

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3373278. Public record. Not legal advice.