Lower Yellowstone Irrigation District Number Two v. Tollefson

This is an appeal from a judgment quashing an alternative writ of mandamus and denying the appellant’s application for a peremptory writ, directing .the. county auditor of McKenzie county to issue a tax deed to eighty acres of land. This land was sold at tax sale on December 9, 1930, for taxes levied for the year 1929, and struck off to McKenzie county pursuant to § 2191, 1925 Supplement to Compiled Laws which was then in effect and provided that:

“The county treasurer shall attend the sale and receive all moneys paid thereon and when any tract of land or lot remains unsold for want of…