9 S.D. 341 | S.D. | 1896
Plaintiff, the assignee of a senior mortgage upon the real property described in the complaint, brought this
No question is raised as to the legality of any of the proceedings leading up to, and culminating in, a tax deed; and as the duty of the owner and the right of these mortgagees to pay the taxes had not been performed or exercised, and the time within which the premises could have been redeemed having expired, Dillon & Preston had a vested right to a treasurer’s deed, the execution of which by respondent Wickhem, in his official capacity, might have been enforced by mandamus. 2 Blackw. Tax. Titles, 734. While the relation of respondent Wickhem to the property and to appellant should be considered with the fact that he was the officer who executed a tax