29 Ga. 730 | Ga. | 1860
By the Court.
delivering the opinion.
We think there is equity in this bill, and that the demurrer was improperly sustained. We think that the claim of the complainant is not a personal one against these minors, as was assumed by the presiding Judge, but is an equitable lien on the property. The minors made no contract, and were not capable of making any binding contract with him, to reimburse him for his expenditures in serving them as their next friend, by having their property secured to their enjoyment. He was acting for the benefit of their property, under the direction of a Court of Chancery, and the Court will see to it, that he receives proper compensation out of the property itself. The Court will never go beyond the property which he has benefitted, for that might lead to a compen
Judgment reversed.