Bourquin v. Bourquin
Supreme Court of Georgia
Complaint for land. Before Judge Barrow. Chatham superior .court. July 11, 1903. By an ordinary warranty deed, imposing no duty and conferring no powers, Ketchum and Hartridge, on September 2,1872, conveyed vacant lot No. 15 Elliott ward,'in the city of Savannah, to Gugie Bourquin as trustee for Polignac Bourquin, a minor.
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Complaint for land. Before Judge Barrow. Chatham superior .court. July 11, 1903. By an ordinary warranty deed, imposing no duty and conferring no powers, Ketchum and Hartridge, on September 2,1872, conveyed vacant lot No. 15 Elliott ward,'in the city of Savannah, to Gugie Bourquin as trustee for Polignac Bourquin, a minor. Subsequently, at a date which does not appear in the record, Gugie Bourquin, out of his individual funds, erected thereon a house, and resided therein with his family, paying no rent to himself as trustee. Under a tax fi. fa. the lot was sold for city taxes in July, 1891,…
1Opinion of the CourtLamar, J.
The trustee Bourquin failed to pay the taxes. The land was bought at tax sale by Kaufman. Immediately after the expiration of the redemption year Kaufman conveyed to Bourquin in his individual capacity: The latter and his representative now insist that as Kaufman was an innocent purchaser, he acquired a valid title to the trust property at tax sale, and could convey as good a title to Bourquin as he could have made to any one else. A fiduciary is bound to exercise the diligence of a prudent man in protecting the property committed to his care. He is liable for negligence or bad faith in…
2Cases cited15 opinions
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- Rogers v. DickeySupreme Court of Georgia · 1903
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