Roney v. Tutt

Simmons, C. J. 1. If a defendant’s property be sold under a void judgment and execution, and she, with legal notice of all the material facts, receive from the sheriff and retain a portion of the proceeds of the sale, this amounts in law to a ratification, and she is bound by the sale. 2. Under the facts disclosed by the record, the judge did not err in granting a nonsuit. Judgment on main bill of exceptions affirmed; cross-bill dismissed. All the Justices concurring.