Supreme Court of Georgia, 1901

Roney v. Tutt

Roney v. Tutt
Supreme Court of Georgia · Decided July 18, 1901 · Simmons
113 Ga. 815; 39 S.E. 293; 1901 Ga. LEXIS 389
Roney v. Tutt

Cases that cite this one

4 later published cases cite this decision.

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Opinion of the Court

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.

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