Hawkins v. Pure Oil Co.

The appeal is by the probate judge of Jefferson county from a peremptory writ of mandamus, requiring him to accept for record a deed tendered by petitioner, without the payment of the filing tax specified in section 21 1/2 of the General Revenue Law of 1927. General Acts 1927, p. 163.

Has petitioner shown a clear specific legal right to the thing demanded, essential in mandamus proceedings? Smith v. McQueen, ante, p. 90, 166 So. 788. We conclude the proper answer is in the negative, and upon more than one ground.

Looking through form to substance, we think it clearly appears that the deed in…