Luck v. Schabell

Opinion of the Court by

Judge Clarke —

Reversing.

This action is an attack upon a judgment of the Campbell circuit court in another suit selling for partition under section 490 of the Code 22 acres of land then owned jointly by the appellant, John Luck, and his four infant children, and which he has since acquired through several mesne conveyances from the purchaser at the judicial sale.

Accompanying the petition in that action, in which John Luck and his second wife, Lillie Luck, were plaintiffs, and his infant children the only defendants, was an affidavit by John Luck that the infant…