Faulk v. Smith

Tire court did not err in overruling the demurrers

to the petition. The same principles of law were involved and applied in Wylly v. Collins, 9 Ga. 223, and in a number of later cases. Although a judgment had been rendered against the trustee individually, the debt against the trust estate was not extinguished, and the rendition of the judgment against the trustee was no barrier to a subsequent proceeding to subject the trust estate to the payment of debts incurred for the benefit of the cestuis que trust. The act approved March 5, 1856 (Ga. L. 1855-6, p. 228), was to enable persons who had…