State ex rel. Brumbaugh v. Magill
Supreme Court of Kansas
Application for Writ of Mandamus. This was an application for a peremptory writ of mandamus, requiring the treasurer of Marshall county to assign to the relator two certain tax sale certificates for lands bid off by Marshall county at the tax sales of 1862 and 1863. It was admitted that the relator, on the 13th day of January, 1868, tendered to the treasurer of said county the whole amount of taxes, penalty, interest and costs due on these lands, named in the certificates,…
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Application for Writ of Mandamus. This was an application for a peremptory writ of mandamus, requiring the treasurer of Marshall county to assign to the relator two certain tax sale certificates for lands bid off by Marshall county at the tax sales of 1862 and 1863. It was admitted that the relator, on the 13th day of January, 1868, tendered to the treasurer of said county the whole amount of taxes, penalty, interest and costs due on these lands, named in the certificates, and demanded an assignment of the certificates to himself, and that the assignment was refused. The treasurer answers by…
1Opinion of the Court
By the Court,
Safford, J.
The same questions which have just been decided by this court in the case of G-uittard Township r>. the Board of County Commissioners of Marshall County, are presented in the record now before us. We have carefully considered the argument of counsel as opposed to the conclusions reached in that case, and see no good *421reason to change them. Referring, therefore, to the reasoning as there given, we hold in this case, that the deeds taken by Marshall county for the lands sold for taxes, as set out in the record, were unauthorized by law, and are, therefore, void and of no…
2Cited by6 opinions
- State Ex Rel. West v. McCaffertySupreme Court of Oklahoma · 1909
- State Ex Rel. Osage County Savings & Loan Ass'n v. WortenSupreme Court of Oklahoma · 1933
- Morrill v. DouglassSupreme Court of Kansas · 1875
- McFadden v. GoffSupreme Court of Kansas · 1884
- State ex rel. Tarr v. HaugheySupreme Court of Kansas · 1870
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