Farmsworth v. Lanam

Opinion by

Judge Pryor :

It is said by this court in the case of Thornton v. McGrath, 1 Duv. 349, in discussing the effect of a judgment in a case like this, where the proceedings indicate certain defects in the preparation, that their inequalities can only be taken 'advantage of by the infant, and that by the statute the proceeding is only declared to be void when no bond has been executed, and further that the decisions with reference to these questions embrace or apply to only two classes of cases: First. Where the purchaser sought a cancelation of his bonds because his title was not secure…