Under Rule 70, what may a judge do if a party fails to execute the conveyance ordered?

Under Rule 70, what may a judge do if a party fails to execute the conveyance ordered?

• A. False
• B. True
• C. Only for real property of high value
• D. Only with consent of all parties

Answer: (B)

The essential idea is enforcing a court’s order that requires a party to perform a specific act, such as delivering a deed to convey real property. If the party does not execute the conveyance as ordered, the judge has authority to compel that performance. This can include directing the deed to be executed and delivered, and, if necessary, appointing a commissioner or official to complete the conveyance on the party’s behalf. The court can also enforce the order through contempt if the party persists in failing to comply. This power exists to ensure the judgment is effective, and it applies regardless of the property's value or the consent of other parties.

The essential idea is enforcing a court’s order that requires a party to perform a specific act, such as delivering a deed to convey real property. If the party does not execute the conveyance as ordered, the judge has authority to compel that performance. This can include directing the deed to be executed and delivered, and, if necessary, appointing a commissioner or official to complete the conveyance on the party’s behalf. The court can also enforce the order through contempt if the party persists in failing to comply. This power exists to ensure the judgment is effective, and it applies regardless of the property's value or the consent of other parties.