6.28 - Commissioners to convey real estate.

6.28.010 - Court may appoint, when.

The several superior courts may, whenever it is necessary, appoint a commissioner to convey real estate:

  1. When by a judgment in an action, a party is ordered to convey real property to another, or any interest therein.

  2. When real property, or any interest therein, has been sold under a special order of the court and the purchase money paid therefor.

[ Code 1881 § 528; 1877 p 111 § 532; 1854 p 205 § 390; RRS § 605; ]

6.28.020 - Contents of deed.

The deed of the commissioner shall so refer to the judgment authorizing the conveyance, that the same may be readily found, but need not recite the record in the case generally.

[ Code 1881 § 529; 1877 p 112 § 533; 1854 p 205 § 391; RRS § 606; ]

6.28.030 - Effect of conveyance pursuant to judgment.

A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land.

[ Code 1881 § 530; 1877 p 112 § 534; 1854 p 205 § 392; RRS § 607; ]

6.28.040 - Effect of conveyance pursuant to order of sale.

A conveyance made in pursuance of a sale ordered by the court, shall pass to the grantee the title of all the parties to the action or proceeding.

[ Code 1881 § 531; 1877 p 112 § 535; 1854 p 205 § 393; RRS § 608; ]

6.28.050 - Approval of court necessary.

A conveyance by a commissioner shall not pass any right until it has been examined and approved by the court, which approval shall be indorsed on the conveyance and recorded with it.

[ Code 1881 § 532; 1877 p 112 § 536; 1854 p 205 § 394; RRS § 609; ]

6.28.060 - Execution of conveyance.

It shall be sufficient for the conveyance to be signed by the commissioner only, without affixing the name of the parties whose title is conveyed, but the names of the parties shall be recited in the body of the conveyance.

[ Code 1881 § 533; 1877 p 112 § 537; 1854 p 205 § 395; RRS § 610; ]

6.28.070 - Recording.

The conveyance shall be recorded in the office in which by law it should have been recorded had it been made by the parties whose title is conveyed by it.

[ Code 1881 § 534; 1877 p 112 § 538; 1854 p 205 § 396; RRS § 611; ]

6.28.080 - Compelling performance.

In case of a judgment to compel a party to execute a conveyance of real estate, the court may enforce the judgment by attachment or sequestration, or appoint a commissioner to make the conveyance.

[ Code 1881 § 535; 1877 p 112 § 539; 1854 p 205 § 397; RRS § 612; ]

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