Hamilton v. State ex rel. Langsdale

Smith, J. —

This is a proceeding instituted to require the auditor of Marion county, to issue an order to the county treasurer; according. to the provisions of section 117, of *129chapter 12, of the R. S., to refund the money paid by Langsdale, as purchaser of a certain tract of land sold for state and county taxes. The land was mortgaged to the state in 1836 to secure a loan made by the commissioners of the sinking fund. On the 14th of August, 1845, by reason of the failure of the mortgagor to pay the interest due on said loan, it was offered for sale according to the terms of the mortgage, and…