State ex rel. Harley v. Lancaster

Citations

• 46 S.C. 282
• 24 S.E. 198
• 1896 S.C. LEXIS 59

Syllabus

<p>1. Remedy. — Mandamus is tbe proper remedy to compel the performance of some specific duty imposed by law of a ministerial character, in which the relator has a legal interest.</p> <p>2. 19 Stat., sec. 2, p. 863, construed.</p> <p>3. Sheriee — Sale—Deed.—Tax Execution. — When a sheriff sells lands under a tax execution, it is his plain duty to execute to the purchaser a deed therefor, upon tender of. the amount of his bid. When deed cannot be executed on day of sale on account of absence of sheriff, he must execute deed upon tender of amount by bidder, if in a few days after.</p> <p>4. Tender — Sale—Delinquent Lands — Mortgagee.—The tender by mortgagee of taxes and costs on delinquent lands comes too late after sale by sheriff under tax executions.</p> <p>5. Agent — Sheriee—Delinquent Sales. — A delinquent taxpayer may authorize another in writing to receipt to the sheriff for balance of bid for lands sold at delinquent land sale, after payment of taxes and costs, and the sheriff must accept such receipt.</p> <p>6. Case Distinguished. — Snelling v. Sheriff, 32 S. C., 348.</p> <p>L Dissenting Opinion of Mr. Justice Gary.</p>