State ex rel. Whiffin v. Helmer

Cobb, ■ J.

The provision of law (1879, p. 321) under which the relator asserts his right to a mandamus against the county treasurer is in the following words:

“ Section 113. After the tax sale shall have closed, and after the treasurer has made his return thereof to the county clerk, as provided in the preceding section, if any real estate remain unsold for want of biders therefor, the county treasurer is authorized apd *26required to sell the same at private sale, at his office, to any person who will pay the amount of the taxes, penalty, and costs thereof for the same, and to make out duplicate…