Schenk's Committee v. Riedling

Opinion op the Court by

Stanley, Commissioner

Reversing.

R. D. Riedling sued Robert Schenk to collect a note and enforce a mortgage on property in Louisville. The defendant’s committee was later made a defendant. The committee alleged that the mortgage had been given on property conveyed to her ward by Riedling when he was mentally incompetent to enter into a contract, which fact was known to the vendor, and sought cancellation of the deed, as well as the note and mortgage. The counterclaim _ effectually but not specifically asked for an accounting and prayed for all general, equitable and…