State Ex Rel. Brown v. Brown

Superior Court of Delaware

State Ex Rel. Brown v. Brown

2 Del. 5

Superior Court of Delaware·Decided July 5, 1835·Published

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.

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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.

State Ex Rel. Brown v. Brown, 2 Del. 5 (Del. Ct. App. 1835).

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