Morgan v. Tolle

The defendant Tolle went into bankruptcy, and plaintiff purchased at the bankrupt sale the movables of the bankrupt for $3,300 cash. These he resold to Tolle for $4,000 on terms. The taxes of the city of Hammond had not been paid. Tolle paid plaintiff some $600 on account and then ceased paying. The city of Hammond seized the movables and sold them to one Fritz Klein for its unpaid taxes. Klein restored said movables to Tolle, under an alleged agreement to hold them as his (Klein’s) agent and dispose of them for Klein’s account.

Plaintiff alleges the nullity of the tax sale, and that same was…