520 WATKINS v. WORTHINGTON.

office, under the provincial government, to let every thing stand
in which an infant was concerned, until he attained his full age. (j)

But in equity it is, in some respects, otherwise. The interests
of an infant are so far taken care of, that no decree will be made
against him, without allowing him to shew cause after he comes of
age; and the court never pretends to change the nature of an in-
fant's estate, or make that absolute which was defeasable, or to
shield an infant, or his property, from any just stipulation or legal
liability which had been fairly incurred in a regular course of
law. (k) In all cases where the debtor, by his will, charges his
real estate with the payment of his debts, any creditor may, in
behalf of himself and the other creditors of the testator, by a bill
against the executor, devisee, and heir, on establishing his claim,
and the insufficiency of the personalty, have the real estate imme-
diately sold for the payment of the debts, notwithstanding the
infancy of the heir; because such a devise breaks the descent, or
because the real estate is considered as having descended to the
heir as a mere trustee for the benefit of the creditors of the testa-
tor. (1) But where the real estate has not been so charged by the
debtor; and has been suffered to descend to his heir, in such case
the parol demurred in equity as at common law; and there could
be no decree for a sale until the heir attained his full age. (m)

The disability of a feme covert is also regarded with kind atten-
tion by a court of equity, and her interests are carefully protected.
Yet she has never been indulged with any such privilege as that
of having the proceedings suspended, or of having a day allowed
her to shew cause after she became sole, as is granted to an infant;
but if the plaintiff establishes his case, he has a right to demand
an absolute decree against her and her estate, (n)

At common law, as in equity, a person non compos mentis may
be sued, and a judgment or decree obtained against him; he may
be arrested and held to bail, or imprisoned for want of bail; but
in equity, although he must himself be made a party, yet the court
will assign him a committee to appear and defend in his behalf,

(j) Land Hol. Ass. 145.—(k) Co. Litt. 240; Whittingham's case, 8 Co. 84;
Anonymous, 2 Cha. Ca. 163; Cary ». Bertie, 2 Vern. 342.—(t) Cooke v. Parsons,
2 Tern. 429; Newton v. Bennet, 1 Bro. C. C. 137; Williams ». Whinyates, 2 Bro.
C, C. 399; Shiphard v. Lutwidge, 8 Ves. 29; Birch v. Glover, 4 Mad. 376.—
(m) Chaplin v. Chaplin, 3 P. Will. 368; Uvedale v. Uvedale, 3 Atk. 117; Powell v.
Robins, 7 Ves. 209; Lechmere v. Brasier, 2 Jac. & Wal. 290; Brookfield v. Bradley,
4 Cond. Cha. Rep. 297.—(n) Mallack v. Galton, 3 P. Will. 352; Powel Mortg. 986.