Bondshu

Mandate. The petition avers: That defendant is auditor of the county of Mariposa, and that on December 27, 1900, he “by errors and mistakes . . . made in the estimate of the amount necessary to redeem a certain piece of real estate, assessed to . . . plaintiff herein, . . . and sold to the state of California for delinquent taxes, the plaintiff paid to the county treasurer of Mariposa county on said date the sum of $3.61 in penalties for delinquencies, in excess of what was due upon the redemption of said real estate; that at the time of said payment the said plaintiff herein, and all persons on his behalf did not know of said errors or said mistakes in the auditor's said estimate,” and that by reason of said errors, said payment was made; that said errors and mistakes and the fact that payment in excess of what was due had been made by the plaintiff, were not discovered by plaintiff, and he had no knowledge thereof prior to the month of February, 1903; that immediately on discovery of said errors and mistakes, plaintiff employed counsel to collect his said claim, and on July 1, 1903, filed an itemized statement with the board of supervisors, “accompanied by an affidavit showing…