State ex rel. Snelling v. Turner

Citations

• 32 S.C. 348
• 11 S.E. 99
• 1890 S.C. LEXIS 62

Syllabus

<p>1. Where a sheriff, after paying the taxes for w'hich he sold the land under a tax execution, holds in his hands a surplus which the law requires him to pay over to the defaulting taxpayer, such person has an adequate legal remedy by action against the sheriff to recover this surplus money, and therefore mandamus will not lie.</p> <p>2. Mandamus is not dcmandable as of right, but the grant of it rests to some extent in discretion, and will not be granted to require a sheriff to pay to relator a sum of money which is also claimed by other parties not before the court.</p>