Farmers' Bank v. Cole

5 Del. 418

• Court: Supreme Court of Delaware
• Decided: June 5, 1853
• Status: Published

Opinion

By the Court.

Communications between husband and wife are regarded as confidential and privileged, whenever brought in to charge the husband, either during his life, or his estate after his death. Though the husband, if alive, might charge himself by his own admissions in evidence by himself, or proved by another, policy protects him from such proof by the wife. If the witness has any knowledge of the relation of landlord and tenant, derived from any other source than the husband, she may prove it; but she will not be allowed to disclose the communications of her husband to her.

Proof was then offered of the occupation, and rental value of the house; to which,

Mr. Saulsbury objected, on the ground that the claim of the landlord for rent out of proceeds of sale by execution, can be allowed only of such rent as could be destrained for, namely, money rent, or rent by shares reduced to a certainty. Compensation for use and occupation cannot be so deducted.

The Court were of this opinion; and awarded the money to the execution creditor.