136 Ga. 745 | Ga. | 1911
(After stating the facts.) ■ “All persons aiding and assisting trustees of any character, with a knowledge of their misconduct, in misapplying assets, are directly accountable to the persons injured.”. Civil Code (1895), § 3200, lb. (1910), § 3784. “One who purchases from a trustee who has authority to sell acquires a.title to the property sold; and the title thus acquired is not affected by the subsequent conduct of the purchaser in knowingly aiding the trustee in a misappropriation of the proceeds of the sale, unless such misappropriation be the result of an arrangement be
Nor do we think that the defendant Company was bound for aiding and assisting the trustee in the misapplication of the property of the trust estate, nor that it injured the plaintiffs, the beneficiaries of such estate, by purchasing the property at the sale made by -Mrs. Boush, under the power given her- in the security deed executed by the trustee. As one who purchases in good faith from a trustee who has authority to sell acquires the title to the
Was a canse of action set forth by the allegations, that, after
Judgment affirmed.