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POST v. MACKALL. 487
had taken the benefit of the insolvent law, and was then utterly
insolvent; that the late Benjamin Mackall died, leaving a consi-
derable 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 defen-
dant Benjamin B. Mackall had become a lunatic; in consequence
of which the administration granted to him had been revoked, and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 intestate 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 be 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.
26th June, 1829. —BLAND, Chancellor. —This petition having
been submitted, the proceedings were read and considered.
The bill alleges, that one of the heirs, Benjamin B. Mackall, is
a lunatic, and prays a subpaena 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
Mackall, has been resident in the Maryland Hospital for the last
ten months, and is still there; and, during that period, has been
of unsound mind and incapable of the management of himself and
his affairs. —John P. Mackenzie, attending physician. —22d June,
1829. '
At law it is clear, that the lunacy of the defendant affords him
no exemption from arrest in civil cases; nor can he be discharged
without bail, in any case where, if sane, he might be held to spe-
cial bail, (n) And it appears to be understood, that a lunatic de-
(a) Steel v. Alan, 2 Bos. & Pul. 362; Pillop v. Sexton, 8 Bos. & Pal. 550.
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