
    Roney v. Tutt et al., and vice versa.
    
    Argued June 10,
    Decided July 18, 1901.
    Complaint for land. Before Judge Brinson. Richmond superior court. October 22, 1900.
    
      B. B. McGowen, for plaintiff.
    
      William K. Miller and C. Henry Cohen, contra.
   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.  