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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 332   View pdf image (33K)
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332 MORGAN'S CASE.
The case stood over accordingly, after which time, at the in-
stance of the claimants Stone & McWilliams, it was again brought
before the court.
26th March, 1831.—BLAND, Chancellor.—It appearing from a
careful inspection of the voucher of claim No. 5, which was filed
On the 27th of December last, that the injunction by which the
execution of the judgment might have been, at one time sus-
pended, had been dissolved; and the voucher of that claim having
been filed long after the expiration of the time allowed for the cre-
ditors to bring in their claims; and the other objections to it, as
stated by the auditor, not having been removed, as allowed by the
order of the 7th of February last. It is therefore Ordered, that
the said claim of Philip Turner, designated as claim No. 5, be and
the same is hereby rejected; and the trustee is directed to apply
the proceeds, awarded by the auditor to it, in satisfaction of the
said claim of Stone & Me Williams designated as No. 3.
From these last orders, of the 18th of January, 7th of February
and 26th of March, 1831, the petitioners Lee and wife and Richard
Jordan appealed, and they were at the December term, 1832, of
the Court of Appeals, affirmed. Lee and wife and Jordan v. Stone
& McWilliams, 5 G. & J. 1.
MORGAN'S CASE,
On a petition and affidavit, that a certain person is of unsound mind, a writ
De Lunatico Inquirendo may be issued. A trustee of a lunatic may decline to
continue to act as such. No one should be appointed trustee or committee of a
lunatic who is not a resident of the state. Where there is a doubt as to the
soundness of mind of one who has been declared a lunatic, he should be apprised
of the fact, and of the Chancellors readiness to hear any communication from him
or on his behalf. A lunatic's runaway slave, who has been apprehended, may be
sold and the proceeds of the sale invested for the benefit of the lunatic.
ON the 15th of September, 1806, John Nabb, by his petition,
stated, that Charles Morgan, of Talbot county, a relation of his by
carriage, was incapable of managing his affairs, and a lunatic;
wherefore he prayed that a writ De Lunatico Inquirendo might be
issued, &c. To this petition was subjoined an affidavit of two
persons stating, that they had known Morgan for some time past,
and believed him to be a person deprived of his reason. Where-


 
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Bland's Reports, Chancery Court 1809-1832
Volume 201, Volume 3, Page 332   View pdf image (33K)
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