
    CONSTITUTIONAL COURT, COLUMBIA,
    NOV. 1805.
    Amos v. Taylor.
    ^ person non compos mentis, may maintain or defend an- action. If an idiot, he must appear in person; if a lunatic, by a guardian, if within age ; or if of age, by attorney. In equity, a lunatic must have a committee assigned, to defend the suit.
    Motion to reverse a decision, made by Bay, J., in Richland district; argued in November, 1804, at Columbia, before Grimke, Waties, Trezbvant, and Brevard, Justices.
    The defendant had been found a lunatic, by a commission from the Court of Equity, and a guardian had been appointed. The guardian, or committee, had been served with a rule to plead, but the defendant himself had not been served ; in consequence of which, for, default of a plea, the cause had beeh placed on the docket of writs of enquiry. When the cause was called, and the plaintiff was about to execute the writ of enquiry, On motion of the defendant’s counsel, and upon the exhibition of the writ, or commission, de lunático inquirendo, and inquisition, returned ñon compos mentis. Bay, J., quashed the proceedings, under an impression, that the lunatic could not be proceeded against personally.
    In support of the motion in this court, Egan
    cited 3 Bac. Abr,-541. 1 Fonbl. 2 T. R.
    Stark argued against the motien,
    that the defendant was to be considéred civiliter mortuus. Cited 6 D. and E. 133.
   27th November, 1805. The court,

Grimke, Waties, Treze-vant, and Brevard, Justices,

granted the motion. A non compos may maintain or defend an action. Poph. 141. 4 Com. Dig. 367. The committee of a lunatic cannot sue. 1 Brownl. 197. 3 Bac. 82. A bailiff, or trustee committee, has no interest, but an estate, during pleasure. 1 Vern. 262. The stat. 275, d. 2, gave the wardship of idiots lands to the king. See 4 Co. 126. A non compos may inherit. Co. Litt. 2, 8. May purchase. 3 Bac. 85. Where an idiot doth sue, or defend, he shall not appear by guardian,pro. ami, or attorney, but must ever be in person. Co. Litt. 135. 3 Bac. 90. but otherwise of him who becomes non compos, he shall appear by guardian, if within age, or by attorney. 4 Co. 124. Beverly’s case. If a lunatic be sued, he must have a committee assigned, to defend the suit in equity. 1 Vern. 106, See 2 Sid. 125.  