State ex rel. Burnett v. Burnside

Citations

• 33 S.C. 276
• 11 S.E. 787
• 1890 S.C. LEXIS 141

Syllabus

<p>1. The writ of mandamus only issues when there is a specific legal right, or when there is a positive duty to be performed, which can be performed, and when there is no other specific remedy.</p> <p>2. The Court of Probate is a court of record with large powers, though of limited jurisdiction, and is not an inferior court, in its ordinary sense; and in making sales and executing titles the functions of this court are judicial and not ministerial only.</p> <p>3. Where land was sold under order of the Probate Court to the highest bidder for a sum much less than the selling officer had been authorized to bid for it, and the probate judge refused to make a deed to the purchaser, the Court of Common Pleas will not, by mandamus, compel him to make such deed.</p>