Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.
About this Item
Title
Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq.
Author
Brydall, John, b. 1635?
Publication
London :: Printed by the assigns of Richard and Edward Atkins, Esquires, for Isaac Cleave ...,
1700.
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Subject terms
Insanity -- Jurisprudence -- Great Britain.
Link to this Item
http://name.umdl.umich.edu/A29951.0001.001
Cite this Item
"Non compos mentis, or, The law relating to natural fools, mad-folks, and lunatick persons inquisited and explained for common benefit / by John Brydall, Esq." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A29951.0001.001. University of Michigan Library Digital Collections. Accessed June 17, 2025.
Pages
SOLUTION.
One Cockes brought an Action of Trespass of Trover, and Conversion of Beans, against Darson, and coming to Trial at the Assizes, upon* 1.1Not Guilty, because it was a small Cause, the Judge took not the Jury, but directed to move the Court, and so it was; and the Cause was, That the Lands where∣upon the Beans grew, were a Lunatick's, and Copyhold, and the Lord had granted unto one, the Custody of the Land, by whose Leave and Assent the Plaintiff did sow the Land. And the Court was of Opinion, That the Action was to be brought in the Name of the Lunatick: For there was no Interest gained in his Land by this Com∣mitment.
descriptionPage 109
That an Action must be brought in the Name of the Lunatick, I shall subjoin what Popham has reported in the Matter.
The Custody of a Copyholder, that was a Lunatick, was committed to I. S.* 1.2 and for Trespass done upon his Land, it was demanded of the Court, In whose Name I. S. should bring the A∣ction? And their Opinion was, That it should be in the Name of the Lunatick.