State ex rel. MacKenzie v. Casteel

The petition of the relator seeks a writ of mandate against the auditor of Clay county, to compel him to issue an order on the treasurer, requiring him to refund $809.43 paid by William Rowe upon a purchase of land at a tax sale made in 1881.

It is alleged that the relator became the owner of the certificate by assignment, that no deed was ever executed, that a demand was made upon the auditor and met by a refusal,, *176and that the sale was void. It becomes necessary to set forth the grounds upon which the sale is asserted to be void, as these exert a controlling influence in the case, and we…