Emmert v. Neiman

— In this action plaintiff seeks to recover from an execution creditor, a trustee for the benefit of creditors, and from the receiver in the foreclosure proceedings, the remaining installments due under a contract of sale of certain real estate entered into between the plaintiff and the judgment debtor; also for real-estate taxes advanced on the real estate in question which was sold under special execution by the trustee. It is before us on a question of pleading.

Originally, plaintiff filed his petition in three counts to which the defendant made a motion to dismiss. The trial court, Hon.…