Roney v. Tutt

39 S.E. 293, 113 Ga. 815, 1901 Ga. LEXIS 389

Opinion

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.