Downing's Heirs v. Ford

Judge Marshall

delivered the Opinion of the Court.

Upon the principle decided in the case of Bustard vs. Gates, 4 Dana, 429, the decree of the Montgomery Circuit Court, read in evidence by the defendants, though full of error, was not void as to the four infant heirs of Downing, for whom a guardian ad litem was appointed, and an answer put in, nor was it void as to the three femes covert, Mrs. Boyd, Mrs Thomson and Mrs. Preston, upon whom the process was served. The deed made under the decree is valid as to these seven, while the decree remains unreversed, and precludes all right of recovery to…