292 REBECCA OWINGS' CASE. *

and wife, by whom she has been taken care of and maintained ever
since.

The bill does not introduce Cromwell and wife as the next friends
of Rebecca, but merely in the character of co-plaintiffs; and then
states, " that Rebecca being, by the providence of God, gifted from
her birth with but a small share of reason and judgment, and inca-
pable, of herself, without the help and kindness of her friends,
to take care of herself, or to manage and dispose of property."
But it is not alleged, nor does it appear, that she has, by any judi-
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 admits,
that he has never, at any time, maintained, or paid any thing
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 Owings may be compelled to pay to John Cromwell and
Urath his wife, for the use and benefit of the said Rebecca Owings,
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 hearing.
On the other hand, if a person be made a defendant unnecessarily,
the bill may be dismissed as to him, and proceed as to the others, (a)

(a) 2 Mad. Chan. 174.