10 Ga. 358 | Ga. | 1851
By the Court.
delivering the opinion.
Apply this principle to the case before the Court.
The Statute, therefore, run against them immediately, as to so much of the property as was bought by third persons at this sale; and more than four years having elapsed from the date of the sale in January, 1839, to March, 1843, when the executor and executrix were removed from office, the bar was complete at that time, as to them, and consequently, to the present complainants also, who are the legatees of Thomas Worthy, the testator.
But suppose it were otherwise, and for this breach of trust by the executor and executrix, they had no right to maintain an action against the purchasers at their own sale, to repair the devastavit, and thus avoid the responsibility by recovering the slaves against a sale that must be treated as their own, because made without authority of law : In that event, it is clear that the Statute would commence running, as to this portion of the property, against Lewis Lovelace, the administrator de bonis non, from his appointment in March, 1843, and the bar would be complete as to him, before suit was instituted.
Wh ether a trustee who has converted the property of the cestui que trust can avoid his own wrongful acts or not, we should be reluctant to hold; we should be reluctant to hold* that the
In June, 1843, the negroes purchased by Mrs. Worthy were sold under an individual execution against her; and in February, 1844, those bought by Robinson, were sold under an individual execution against him. Lovelace qualified as administrator de bonis non, in March, 1843, but no action was commenced until September, 1848, and then by the legatees, and not by the administrator. At that time, the bar was equally full as to all that portion of the negroes bid in by the executor and executrix at their own sale, and subsequently re-sold to pay their private debts. Whether Lovelace has made himself personally liable for failing to sue in time, is a question we will not anticipate.
Judgment affirmed.