99 Ga. 239 | Ga. | 1896
1. Where in an action against a trustee the declaration contained, allegations -showing that the debt sued upon was a debt of the trust estate binding upon it and lawfully collectible by the sale of certain described property, and judgment was rendered accordingly, this judgment, though the trustee may 'have -neglected to make the proper defense to the action, was nevertheless conclusive upon the aestuñs que trust represented by the trustee, and an equitable petition filed in their behalf by a next friend for the purpose of setting the judgment aside was properly dismissed on demurrer. If the ■trustee was unfaithful to his trust in improperly allowing the judgment to be rendered, he and his sureties, if any, are liable to the beneficiaries thus injured.
2. The law of this case was practically settled by the decision of this court therein at the March term, 1895 (96 Ga. 782).
Judgment a ffirmed.