Trunk's Committee v. Eastern Kentucky Lunatic Asylum

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Judge Pryor:

This is a peculiar case. The creditor has made his debtor a plaintiff in the action and seeks to subject the estate of the debtor to the payment of its claim. The debtor is a lunatic confined in the asylum and has a trustee appointed and qualified to protect his interest. The appellee, Eastern Kentucky Lunatic Asylum, has no right to use the name of this lunatic without the consent of the trustee or at the instance of the court when the committee fails to protect the interest of his ward, and particularly when the rights of the two, the asylum and the lunatic, are in…