Burns v. Gavin

This was an application by Burns and others for a mandate to compel Gavin, as assignee of Gillespie, an insolvent debtor, to pay certain taxes on real estate which had been transferred by deed of assignment, and sold and conveyed by the assignee, under the order of the court,, to the plaintiffs. The latter claimed that it was the duty of the defendant, as assignee, to discharge the land from the tax lien out of the funds in his hands.

The assignee answered, in substance, that the plaintiffs-purchased the several tracts of land mentioned at stipulated prices, and that he executed deeds to them…