Klokke v. Stanley

Citations

• 109 Ill. 192

Syllabus

<p>1. Tax deed—of a second deed to remedy omissions on the part of the holder—duty of the clerk. A county clerk who has once executed a tax deed at the instance of the holder of the certificate of purchase, upon evidence furnished by such holder, can not subsequently be compelled, by mandamus, to execute to the same party another tax deed under the same certificate of purchase, the holder thereof having filed with the clerk additional and more perfect evidence of his having complied with the law in respect to giving notice of his purchase, etc.</p> <p>2. Same—duty of clerk to remedy his own mistake. If, however, the county clerk himself makes a mistake in executing a tax deed, whereby it is rendered inoperative for the purpose for which it was intended, he may be compelled, by mandamus, to correct his mistake, and he may make the correction without being coerced thereto by the court.</p> <p>3. Mandamus—when granted. A party applying for a mandamus must show a clear legal right to have the thing sought by it to be done; and if the granting of the writ will be of no avail to the party applying for it, it will be refused.</p> <p>4. Same—not granted to relieve a party from his own mistake. It is contrary to the policy of the law that mandamus should issue, where its sole purpose and effect is to relieve the party seeking it from the consequences of his own mistakes or omissions.</p>