#### N. W. WILLIAMS et al. v. SAM WILLIAMS.

(Filed 27 February, 1929.)

Infants — Property and Conveyances — Right to Set Aside Conveyance-Ratification.

A minor who has sold his interests in lands at a certain price may not when coming of age receive the amount of the purchase price from the clerk of the court, with full knowledge of the facts, wait for four years and seek to disaffirm the transaction and have it set aside, his acts being a ratification of the sale.

*675Appeal by movant from Nunn, J., at September Term, 1928, of WayNE.

Motion by defendant to set aside all orders and decrees affecting bis interests, entered in tbis special proceeding wbicb was instituted 10 November, 1914, for tbe purpose of having tbe lands of Robert Williams, late of Wayne County, partitioned among bis beirs at law. Tbe final decree of confirmation was entered 7 June, 1915.

Tbe defendant, while a minor, sold bis interest in said lands for $360, wbicb amount be received from tbe clerk of tbe court 10 October, 1923, upon arriving at bis majority and with full knowledge of tbe facts. More than four years thereafter, to wit, on 31 December, 1927, tbe present motion was filed by tbe defendant, Sam Williams.

From an order denying tbe defendant’s motion, be appeals, assigning errors.

D. H. Bland for plaintiffs.

Shaw & J ones for defendant.

Stacy, C. J.

Tbe defendant, after reaching bis majority and with full knowledge of all tbe facts, accepted $360 for bis one-sixth interest in tbe lands of Robert Williams, deceased. Tbis was a ratification of tbe sale previously made, and tbe Court will not now permit him to upset tbe proceeding by motion in tbe present cause filed more than four years after such ratification. Smith v. Gray, 116 N. C., 311, 21 S. E., 200; Long v. Rockingham, 187 N. C., 199, 121 S. E., 461.

Affirmed.