Schneider v. Smith

Mr. Presiding Justice Matchett

delivered the opinion of the court.

On September 24, 1931, complainant Friedman filed his bill against Abe Smith and Sadie, his wife, Samuel Greenberg and Sadie Greenberg, his wife, Home Bank and Trust Company, a corporation, as trustee under a trust deed executed by the Smiths and the Green-bergs to secure an issue of bonds executed against them on February 23, 1927, to the amount of $105,000 and VUnknown Owners.”

The bill alleged .that the trustee bank was in process of liquidation and without capacity to prosecute a prior suit begun by it on August 24, 1931, in…