Woodley v. . Combs

The defendants contend that plaintiff is suing for $1,250 — one-half of the principal of the notes in controversy, which she owned but has elected to ratify the sale, and by so doing she can recover only her part of what the sale brought, and this amount has been placed in the clerk’s office for her. Therefore, the judgment of nonsuit is correct. But the amendment goes further and says: “But in alleging that she waives the said wrong, does not intend to say that the sale is in any respect ratified,” etc. In plaintiff’s prayer she says: “And for such rights at law and equity as the allegations…