478 POST v. MACKALL.—3 BLAND.

Mackall, Rebecca Mackall, Christiana Mackall, and Caroline
Mackall.

The bill states, that the plaintiffs sue as well for themselves as
the other creditors of the late Benjamin Mackall, who, with the
defendant Key, was indebted to the plaintiff Middleton by several
single bills in the sum of $3,240, which single bills he assigned to
the other plaintiffs for a valuable consideration; that, after the
death of the late Benjamin Mackall, suits were brought on them
by the plaintiff Middleton for the use of the other plaintiffs against
the defendant Benjamin B. Mackall and Richard H. Mackall, the
administrators of the deceased, and the defendant Key; that Rich-
ard H. Mackall died; and absolute judgments were recovered
against the administrators, or the survivor of them, for principal,
interests and costs, the whole of which yet remains unpaid; that
the defendant Key, against whom also judgments were obtained,
*had taken the benefit of the insolvent law, and was then
487 utterly insolvent; that the late Benjamin Mackall died, leav-
ing a considerable real and personal estate; and these defendants,
except Edmund Key, his children and heirs-at-law; that his son
Richard H. Mackall, had died intestate and without issue; that the
defendant Benjamin B. Mackall had become a lunatic; in conse-
quence of which the administration granted to him had been
revoked, and administration de bonis non had been granted to the
defendant Louis Mackall; and that the personal estate of the in-
testate was wholly insufficient to pay his debts. Whereupon the
bill prayed, that the real estate might be sold for the payment of
the debts of the intestate, &c.

The plaintiffs by their petition, filed on the 25th of June, 1829,
stated, that the defendant Benjamin B. Mackall had been returned
summoned; that, as alleged in their bill, he was proved, by the
annexed certificates of the attending physician of the hospital
at Baltimore, in which he was then confined, to he a lunatic; but
that no commission of lunacy had ever been issued against him.
Whereupon they prayed, that a guardian might be appointed to
appear and answer for him, &c.

BLAND, C., 26th June, 1829.—This petition having been sub-
mitted, the proceedings were read and considered.

The bill alleges, that one of the heirs, Benjamin B. Mackall, is
a lunatic, and prays a subpoena against all the heirs, in the usual
form, to appear, "the said Benjamin B. Mackall by guardian to be
appointed in his behalf to answer," &c. It is not alleged, and it
is admitted, that Benjamin B. Mackall has not been regularly
found and declared to be a lunatic.

A subpoena was issued against him to which the sheriff has re-
turned, " summoned, see certificate;" which certificate annexed to
the writ is in these words. "This is to certify, that Mr. Benjamin