Kennell v. Herbert

Plaintiff in error, T.H. Kennell, Sr., filed his bill in the circuit court of Kane county against Alva E. Herbert, Matie Herbert, his wife, Mary Kruse, Clifford A. Thomas and Sam T. Peterson, trustee, to foreclose a trust deed. Answers were filed, the cause was heard by the chancellor, the bill was dismissed for want of equity, the decree was affirmed by the Appellate Court for the Second District, and the case comes to this court upon a writ of certiorari.

The evidence shows that the Charles Rippberger Company was a co-partnership consisting of Sam T. Peterson, (the trustee named in the trust…