COLEGATE D. OWINGS' CASE.—1 BLAND. 369

mony so far as regards the general condition of the plaintiff's
mind.

In relation to the epoch of the execution of the deed of the
15th of June, 1824, the proceedings and the proofs are more dis-
tinct and particular. It is stated and admitted, that the plaintiff
was subject to attacks of erysipelas, and was suffering under that
disorder when the instrument of writing, which is the special sub-
ject of this controversy, was executed. From good medical au-
thority we learn, that erysipelas is often preceded, or attended,
or succeeded by delirium; that it is apt to affect the brain; and
* that the inflammation or oppression of the brain is known
either, by delirium with a quick pulse: or by stupor and 394

slow respiration with a slow pulse. And that sometimes, when
the delirium is not complete, a new face, and louder voice will
stimulate the patient to attend for a few moments, and then he re-
lapses. But glaring light, loud noises, and company increase the
irritation and aggravate the delirium. 2 Zoonomia, Cl. 2, 1, 3, 2;
Rees' Cyclo. ver. Delirium.

It appears from the testimony, that the plaintiff had been at-
tacked with the erysipelas some days before the loth of June, 1824;
that one of the attending physicians was informed by the family,
that the disorder of the plaintiff was a periodical one, and gener-
ally came on about eight o'clock in the morning. Dr. Marsh says,
that during the paroxysms, there was always a determination
towards apoplexy. Dr. Griffith visited the plaintiff on the 14th
of June, (he thinks in the afternoon.) she then complained a good
deal of her head, but was rational. The Doctor perceived no dis-
array of intellect; and he thinks she was at that time sufficiently
possessed of her faculties to make a contract or dispose of her
property. But after the Doctor left her, and in the evening of
the same day, she was delirious; or as the witnesses says, out of
her head; and her mind was entirely gone; that when roused she
would speak incoherently and then sleep again; insensible to any
thing that passed; that there was some company in the plaintiff's
room, who were removed lest their conversation and noise should
disturb or injure her.

About sunrise of the morning of the loth of June, the defend-
ant came into the chamber of the plaintiff, and with a great noise
hoisted the windows, threw open the shutters, and let into the
room a strong light; which however did not arouse the plaintiff',
who had lain the whole night, and then was in a state of apparent
preternatural sleep; insomuch so, that she did not notice an attend-
ant, who, after the windows had been thus noisily opened, felt
her forehead and took hold of her hand. Immediately after which
the defendant was left alone in the room with the plaintiff thus
abed. What passed, if any thing, while these parties were so left
together in the same room, does not appear. But in a short time
24 1 B.