Lackey v. Killey

Lackey brought mandamus against Killey as treasurer of Pitldn county to compel him to assign certain tax certificates pursuant to O. L. § 7422. A motion to compel the separation of causes of action was sustained. The plaintiff stood by his complaint which was thereupon dismissed and the cause comes here on error.

There had been tax sales to Pitldn county by its treasurer of eight several tracts of land for several years. The certificates numbered seventy and were held by the county. Lackey tendered to the treasurer the sum required by law, C. L. § 7422, for all the certificates, and demanded…