State ex rel. White v. Winn

By the Court,

Downer, J.

Deeds were executed’ to. the re-lators by the clerk of the county board of supervisors of Pierce county, on tax certificates held by them, in which deeds the words “ as the fact is” were omitted. The relators, on discovering the mistake, demanded of the clerk new tax deeds in due form of law. He declined to execute them. Can he be compelled to do it by writ of mandamus ? In the case of Lain v. Cook, 15 Wis., 446, this court decided that the omission of the words “ as the fact is” in a tax deed was a fatal defect j and in the case of Wakely v. Mohr, the court speak of a…