274 REBECCA OWINGS' CASE.—1 BLAND.

cial proceedings, been found to be a person of unsound mind, or
non compos mentis. Nor do the plaintiffs Cromwell and wife show,
or claim any interest whatever in the matter in controversy.

All these facts are admitted by the defendant; and he also ad-
mits, that he has never, at any time, maintained, or paid anything
towards the maintenance of Rebecca. But he alleges, that he has
always been ready and willing to maintain her, when called upon;
and, that he would have done so, if he had been permitted. The
acquittance from his mother, which he has exhibited, and seems to
place some reliance upon, may be at once laid aside as having no
material bearing upon this case.

The plaintiffs, by their bill, pray specially, that the defendant

William O wings may be compelled to pay to John Cromwell and

Urath his wife, for the use and benefit of the said Rebecca O wings,

whatever may be now due, or may hereafter become due to her

under her late father's will: and generally, that the plaintiffs may

have such other relief as may be agreeable to equity and right.

Thus it appears, that .justice is demanded in behalf of one of

that unfortunate class of persons who are held to be most peculiarly

under the guardianship of this Court. The case is of a delicate

and anomalous nature; yet it is one in which, it is quite evident,

that relief, by some means or other, ought to be granted. There

are, however, difficulties in the way, which must be overcome or

removed.

The first of them which presents itself, is as to the parties. If
all those who have an interest in the subject, and who ought to
have been brought before the Court, have not been made parties,
it may be taken advantage of by demurrer, by plea, or at the hear-
ing. On the other hand, if a person be made a defendant unneces-
sarily, the bill may be dismissed as to him, and proceed as to the
others. 2 Mad. Chan. 174. * The predicament of this case
293 is different. The right is admitted to be exclusively in one
only of the plaintiffs; and the special prayer is, that the relief
may be decreed to the two, who have no interest, for the use of
the one who has the right. Cromwell and wife, it is clear, can
have none, or a very remote interest in the matter now in contro-
versy. The care of Rebecca's person was commended to them by
the last will of her mother. But it is not even intimated, that
they have been thus clothed with the character of her testamentary
guardians; and there is in fact not the least foundation for their
assuming any such office. They are not the prochein amys of Re-
becca, because they do not so present themselves; nor do they
state her to be an infant, feme covert, or lunatic; or to be in that
situation in which they would be authorized to accompany her into
Court as prochein amys. It may be inferred from what is said in
one of the books of practice, that a lunatic may sue by prochein
amy; 1 Harr. Pra. Chan. 773; the expressions of the compiler are,