Duncan v. Jones

This appeal is from a final order refusing to vacate a judgment in partition. Alice Jones commenced the original action for partition of a 40-acre -tract of land in Seminole county on November 12, 1924. Summons was issued on some defendants and publication notice issued as to others, but on December 11, 1924, an answer signed by an attorney, Mr. Emeriek, was filed in the case as to defendant O. C. Duncan. There was evidence tending to show that Emeriek, as attorney, was employed by P. W.- Duncan, who acted for and on behalf of defendant O. C. Duncan.

Judgment of partition was rendered November…