7 Johns. Ch. 139 | New York Court of Chancery | 1823
It is not necessary for the lunatic herself to be a party plaintiff with her committee, to set aside an act done by her while she was under mental imbecility. The same objection was made in the case of the Attorney-General on behalf of Smith, a lunatic, v. Parkhurst, (1 Ch. Cas. 112.) and overruled by the Lord Keeper. T*he suit, in that case, was for relief against an act done by the lunatic while a lunatic. In another case,, (Ridler v. Ridler, 1 Eq. Cas. Abr. 279.) the bill was by the lunatic and his committee to sét aside a settlement made by him while a lunatic, and a demurrer was put in, because the lunatic was a party with his committee, and the
Demurrer overruled, and the defendants ordered to answer.