State Ex Rel. Malott v. Board of County Commissioners

This is an action in mandamus, instituted in the district court of Fergus county, to compel the respondents to make an order requiring the county clerk to apply to the county treasurer for tax deeds in favor of Fergus county to certain lands which were sold to the county for delinquent irrigation district and general taxes. An alternative writ was issued. An answer was filed, to which a general demurrer was interposed. The demurrer was overruled, and judgment thereupon entered upon the pleadings, quashing the alternative writ and awarding the respondents their costs, from which this appeal is…