McCall v. White

— The present proceeding was instituted under the statute (Code of 1876, § 3207), which authorizes the court from which the process issued, under which a sheriff makes sale of lands, if he should die or vacate his office without making a conveyance to the purchaser, to order his successor in office to make the conveyance, upon proof of the sale and payment of the purchase-money. The power which the court is authorized to exercise, is in its nature equitable. Before the statute, in such cases, the omission of the sheriff could be remedied only in a court of equity. — Stewart v. Stokes, 33 Ala.…