Everett v. Glenn.

This is an appeal from a judgment sustaining a motion of defendant, Mercantile Trust Company (hereinafter called the trust company) asking for a judgment dismissing plaintiff’s petition and the assessment of treble costs under the provisions of section 1252, Revised Statutes 1919. Respondents, other than-the trust company;, have not favored us with a brief.

The facts show that on the 26th day of October, 1928, this suit was filed by plaintiff against Cora F. Glenn and the trust company as defendants. To plaintiff’s petition the defendant, trust company, in due time filed a demurrer and the…