272 REBECCA OWINGS' CASE.—1 BLAND.

REBECCA OWINGS' CASE.
LUNATICS.—CHARGE UPON LANDS.

A person who is actually non compos mentis, but who has not been found to
be so under a writ de lunatico inquirendo, may be permitted to sue, as
co-plaintiff, with another; who may be treated as his committee, and
required to give bond to account for any money directed to be paid to
him for the use of the lunatic, (a)

The granting of a writ de lunatico inquirendo is, in some measure, discre-
tionary with the Chancellor; and may be dispensed with for good cause
for the benefit of the lunatic.

Although the Court cannot dispose of the person, or estate of a citizen, who
is a lunatic, without his having been found to be so by a regular inqui-
sition ; yet it may, under particular circumstances, extend its protection
to his person or estate, without any such previous inquest, (b)

A charge of an annual sum upon lands, for the support of a lunatic, though
not a rent, is an incumbrance. following the estate, the prompt payment
of which may be enforced, either as against the person, or personal
property of the holder, or by putting a receiver upon the estate.

This bill was filed on the 3rd of September, 1819, in Baltimore
County Court, by Rebecca Owiugs and John Cromwell and Urath
his wife, against William Owings, to recover an annual sum of
money given to Rebecca, by the will of her father. After the de-
fendant had answered, and testimony had been taken, the case
was removed to this Court, under the Act of 1824, ch. 196; and
the papers were filed here, on the 9th of February, 1827. Some
time after which it was brought before the Court; and, on the 9th
of June, 1827, the case was referred to the auditor to state an
account of the amount then due to Rebecca Owings. The auditor
made and filed his report accordingly, on the 14th of June. The
circumstances of the case are sufficiently stated by the Chancellor,
in delivering his opinion.

BLAND, C., 15th June, 1827.—This case standing ready for hear-
ing, the solicitors of the plaintiffs having been heard, and no
counsel appearing for the defendant, the proceedings were read
and considered.

It appears, that the late Samuel Owiugs left, at the time of his
death, a large estate, consisting of real and personal property;
and, * among others of his children who survived him, are
291 two of the plaintiffs, Rebecca and Urath, and the defend-
ant William. His daughter Rebecca being unable, by reason of

(a) As to suits against lunatics, see Stigers v. Brent, 50 Md. 314.

(b) Cited in Greenwade v. Greenwade, 43 Md. 316.