73 Ga. 733 | Ga. | 1884
When this case was here, as reported in 68 Ga., 790, a majority of this court held, “ While a chancellor at chambers, on full notice to all parties, may order a sale of trust property, he has no power to grant authority to a trustee to mortgage a trust estate, and a mortgage so given will not, bind the cestuis que- trust."
Plaintiffs further insist that plaintiffs’ debt was created for the benefit of the trust estate, and they ask that it be decreed to be a charge on the same; but it is replied that the debt was created in 1866, and the cross-bill was not filed until 1884, and that the same is stale and became barred by the statute of limitations. This is certainly a good reply to the cross-bill, and while we unanimously disapprove of the decision which is referred to as made in this case, our obligation to the law of this case, as rendered in that decision, obliges us to affirm the decision and judgment of the court below. ■ -
Judgment affirmed.
The principle ruled in 68 Ga., 790, has been since overruled in Weems, trustee, vs. Coker, 70 Ga., 746. (Rep.)