Mesker v. Koch

Best, C.

The appellant brought this suit to restrain the appellee, as treasurer of Vanderburgh county, from selling some property for the payment of taxes. A demurrer, for want of sufficient facts, was sustained to the complaint, and this ruling raises the only questions in the record. The complaint is as follows: -

‘ ‘Plaintiff, for complaint, says that the defendant is legally elected and qualified and acting treasurer of Vanderburgh county, in the State of Indiana; that he has, as such treasurer, by virtue of the assessment and the tax duplicate in his hands, levied on, seized and advertised…