Patrick v. . Carr

The demurrer raises the question whether the jurisdiction of a court of equity can be invoked to compel a sheriff who has sold land under an execution (the judgment, and execution, and sale being in all respects regular) to execute a deed to the purchaser, who offers and has always been ready to pay the purchase money; in other words, to compel a sheriff to dohis duty. This has hitherto been considered the exclusive function of the court under whose authority he acted in making the sale. We are at a loss to conceive under what head of equity this jurisdiction is supposed to be embraced, in…