State ex rel. Warwick v. Jordan
Supreme Court of Florida
Appeal from the Circuit Court for Yolusia county. STATEMENT. Appellant filed a petition for mandamus in January, 1891, against appellee, as clerk of the Circuit Court of Yolusia county, and therein alleged, substantially, that on the 8th day of May, 1889, the tax collector of said county offered for sale, in accordance with law, a large number of tracts of land situated in said county for the unpaid taxes thereon, together with interest and costs as fixed by law, for the…
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Appeal from the Circuit Court for Yolusia county. STATEMENT. Appellant filed a petition for mandamus in January, 1891, against appellee, as clerk of the Circuit Court of Yolusia county, and therein alleged, substantially, that on the 8th day of May, 1889, the tax collector of said county offered for sale, in accordance with law, a large number of tracts of land situated in said county for the unpaid taxes thereon, together with interest and costs as fixed by law, for the year 1888, and there being no bidder for a large number of said tracts, the collector, in accordance with law, struck off a…
1Opinion of the Court
Mabry, C. J.:
The alternative writ in mandamus proceedings occupies the place of a declaration in an* ordinary legal suit, and when that writ has issued, the issues of law or fact are made thereon. In the present case the demurrer was to the petition, but as it appears that it was considered in the trial court in the nature of an-alternative writ we will so treat it here.
The right to the tax deed demanded by appellant arises under Chapter 3681, law7s of 1887 — the statute-under which the tax. sales here involved were made. After the issuance of tax sale certificates, as provided for in this…
2Cases cited1 opinion
- Brown v. CastellawSupreme Court of Florida · 1894
3Cited by3 opinions
- Young v. Standard Oil (Indiana)District Court, S.D. Indiana · 1987
- State ex rel. Stieff v. BradshawSupreme Court of Florida · 1897
- Ropes v. KempsSupreme Court of Florida · 1896