Bayard’s Notebook, 225

MARY LEECH v. PETER LEE’S ADMINISTRATORS.

Court of Common Pleas of Delaware, New Castle County.
December, 1797.

BASSETT, C. J.,

ruled in this case that money claimed and recoverable only in an action for use and occupation of land could not be considered as rent within the Act of Assembly [1 Del. Laws 82] fixing the order in which debts are to be paid by executors etc.