In this case the Sheriff sold the land, and received the plaintiff’s money, but refuses to make a deed. He probably *110means to put his refusal on the ground that the land is the homestead of the defendant in the execution. But he says only that the defendant claims it as such, and does not set forth facts upon which it may he judged whether the claim is a legitimate one or not. Besides this, the Court would not pass on the right of the defendant in execution, in an action to which he is no party'. It may be that the Sheriff has incurred penalties, under the Act of Assembly, by selling a homestead, and il that appeared, probably, the Court would not compel him to perfect the sale by a deed. But in this case, it is expressly said that the land had not been laid off and was not occupied or claimed as a homestead at the time of the sale. If a proper ground were laid the Sheriff might perhaps cause the defendant in execution to intervene, so that his claim to the homestead might be passed on so as to bind him. But that question does not arise here, and we express no opinion. We think, in the present case, the Sheriff has assigned no sufficient reason for his refusal to make the deed. Its effect when made is a different question, which cannot be passed on here.
Judgment reversed, and rule on Sheriff to execute a proper conveyance made absolute.
Per Curiam. Judgment reversed.