City of Anthony v. Cutler

The opinion of the court was delivered by

Harvey, J.:

This is an original proceeding in mandamus.- In 1905 the board of county commissioners of Harper county, by resolution adopted the provisions of chapter 162 of the Laws of 1891 (Gen. Stat. 1915, §§11431, 11432, 11433), pertaining to tax sales of real property, doing away with competitive bidding at such sales and authorizing the county treasurer to bid in the property in the name of the county. In 1921 the legislature repealed chapter 162 of the Laws of 1891 and enacted a similar statute, though differing in essential details (Laws 1921, ch.…