The Superior Court in the exercise of its equitable jurisdiction may pass the title to real property by decree, without any act on the part of any party holding title to the real property, when in its judgment it is the proper mode to carry the decree into effect. When the decree is recorded in the land records in the town where the real property is situated, it shall be, while in force, as effectual to transfer the real property as the deed of the party or parties holding title.
(1949 Rev., S. 7759; P.A. 76-436, S. 111, 681; P.A. 82-160, S. 4.)
History: P.A. 76-436 applied provisions to superior court where previously applicable to any court, reflecting transfer of all trial jurisdiction to superior court, effective July 1, 1978; P.A. 82-160 replaced “estate” with “property” and rephrased the section.
This method is more simple and direct than requiring defendant to execute a deed. 22 C. 175. Title passes by the decree only as of its date, and is not available at law against a prior legal title. 28 C. 597. When a court of equity is acting in rem, it is not essential that the court have jurisdiction of the person of defendant. 139 C. 506. Used in conjunction with Sec. 46-22a of divorce statutes. 154 C. 107. Cited. 168 C. 579; 169 C. 85; 170 C. 455; 178 C. 308.
Cited. 1 CA 256; 2 CA 635; 6 CA 301; 17 CA 431; 23 CA 629; 30 CA 305. Section is not a separate source of statutory relief; a court may exercise its equitable powers under section when it has rendered a judgment affecting title to property, the enforcement of which has somehow been hindered or frustrated; in such a case, passing title under section is the proper mode to equitably enforce the court's decree; in present case, court's decree was improper because it was unnecessary to carry the court's judgment into effect. 140 CA 271.
Cited. 22 CS 149. Used in conjunction with Sec. 46-22a. 29 CS 1. Cited. Id., 462.
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