INDEX.—1 BLAND. 659

MESNE PROFITS.—Continued.

3. But where the bill is brought upon an equitable title, and there is a
trust, or in the case of an infant, or where there has been any fraud,
or in cases of dower, an account of the rents and profits will be
ordered from the time the title accrued. Ib.

4. If the occupant has held rightfully he will be chargeable with no
more than he has actually received. Ib.

5. But where the occupant is a wrongful holder, or has obtained pos-
session fraudulently, be will be charged with the full value, that is,
with such an amount of rents* and profits as a skillful and diligent
tenant might have made. 16.

6. A. bonafide holder, without notice of any defect in his title, will be
allowed for improvements: but a fraudulent holder, or a mala fide
meddler, can Lave no such allowance made to him. Ib.

7. The allowance for improvements, where it can be made, may be set
off against the claim for rents and profits; but such set-off cannot be
availed of by a mala fide possessor, nor will he receive an allowance
for the payment of taxes and assessments. Ib.

MONEY INTO COURT.
See PRACTICE. 2.

TRUSTS AND TRUSTEES, 18.

MORTGAGE.

See DEBTOR AND CEEDITOE, 33.

NON COMPOS MENTIS.

1. A person who is actually non compos mentis, but who has not been
found to be so under a writ de lunatico inquirendo. may be permitted
to sue, as co-plaintiff, with another; who may be treated as his com-
mittee, and required to give Bond to account for any money directed
to be paid to him for the use of the lunatic. Rebecca Owitigs' Case,
372.

2. The granting of a writ de lunatico inquirendo is, in some measure,
discretionary with the Chancellor; and may be dispensed with for
good cause for the benefit of the lunatic. Ib.

3. Although the Court cannot dispose of the person, or estate of a citizen
who is a lunatic, without his having been found to be so by a regu-
lar inquisition: yet it may, under particular circumstances, extend
its protection to his person or estate, without any such previous in-
quest. Ib.

4. A charge of an annual sum upon lands, for the support of a lunatic,
though not a rent, is an incumbrance, following the estate, the
prompt payment of which may be enforced, either as against the
person, or personal property of the holder, or by putting a receiver
upon the estate. Ib.

5. Imposition practised upon weakness by him who is confided in and
trusted is, in law, the most odious species of fraud. Colegate D.
Owitigs' Case, 343.

6. Weakness of mind is not to be confounded with mere ignorance.
If the grantor be an illiterate man, it is necessary that the deed be
fully and correctly read to him, or he will not be bound by it, not
on the ground of weakness of mind or of his incapacity to judge of
what he was about, but because his sound mind cannot be presumed