COLEGATE D. OWINGS' CASE.—1 BLAND. 351

* Whereupon It is ordered, that the said suit heretofore
instituted in this Court by Colegate I). Owings against 371
Charlotte C. D. Owings, which was dismissed on the 31st day of
August last by order of the said plaintiff, be and the same is
hereby reinstated, in all respects, as it stood before it was so dis-
missed. And it is further ordered, that the commission with the
testimony taken under it. which was returned and filed on the 6th
day of November last, stand and be available in the said case, sub-
ject to ah legal exceptions, in like manner as if the same had been
returned and filed before the case had been dismissed.

On the 23d of June, 1827, the solicitors of the parties by a
writing signed and filed by them, agreed, that all the testimony
which had been taken in relation to the application to reinstate the
case should be used at the final hearing, in like manner as if it had
been taken under a regular commission.

After which the plaintiff's solicitors filed a representation in
which they say, that by virtue of the order of the 17th of April,
they deem it their duty to state, that the plaintiff had been living
in peace and comfort with her daughter Mrs. Nesbit, and on her
leaving home to go to the springs for her health, the plaintiff had
gone to reside with her daughter Mrs. Goodwill, where she had
every attention and comfort she required; that on the plaintiff's
expressing a wish to attend a camp-meeting, Mrs. Goodwin had
gone with her, but found it necessary for the plaintiff to take
shelter from a shower of rain, in the house of a neighbor, when, in
the absence of Mrs. Goodwin, the defendant contrived in a rude
and covert manner to have the plaintiff put into a carriage and
conveyed to the City of Baltimore, and there placed her, against
her consent, in a boarding-house, where she could not have those
attentions, conveniences, and comforts of which, from her age and
infirmities, she stood so much in need; that the defendant, inde-
pendently of her want of means properly to support her mother,
ought not, because of this controversy, to have the care of the
plaintiff; and that the real and personal estate of the plaintiff had
been and was then much neglected and exposed to waste and loss.

that Boushell was a lunatic, and that a trustee had been appointed, who had
failed to give bond as required; whereupon she prayed, that a guardian ad
litem might be appointed.

KILTY, C., 13th February, 1819.—On considering the above petition, and
finding on examination of the proceedings, that a bond has not been filed;
and, that therefore there is not, in effect, any trustee capable of acting, it is
thought proper, and within the powers of the Court, to appoint a guardian,
as prayed. It is therefore ordered, that Thomas W. Veasy be and lie is
hereby appointed guardian for the purpose of answering for the said John
Boushell to the bill of complaint of Ann Rothwell in the petition mentioned.