Amos v. Taylor
This text of 4 S.C.L. 20 (Amos v. Taylor) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
27th November, 1805. The court,
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.
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4 S.C.L. 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amos-v-taylor-sc-1805.