Whenever in an action under the provisions of this act [42-7-1 to 42-7-4 NMSA 1978] a decree of specific performance is made it shall act upon the land itself and the court may compel a conveyance of the real estate by attachment or appoint a commission to make the conveyance.
History: Laws 1933, ch. 9, § 4; 1941 Comp., § 25-1604; 1953 Comp., § 22-18-4.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Cross references. — For enforcement of judgment for specific acts, see Rule 1-070 NMRA.
Absolute certainty in contract not required to support decree. — While a contract to convey real estate must be definite and certain before it will be enforced, absolute certainty in a contract is not required in order to support a decree of specific performance; reasonable certainty is all that is required. Whattey v. Colcott, 1956-NMSC-100, 61 N.M. 455, 302 P.2d 514.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 71 Am. Jur. 2d Specific Performance §§ 221 to 226.
Awarding damages for delay, 95 A.L.R. 228.
Depreciation in value of property itself, or in its market price or value, subsequent to defendant's fault, right of one seeking specific performance to recover as damages amount measured by, 105 A.L.R. 1421.
Treatment, under Federal Juvenile Delinquency Act (18 USCS §§ 5031-5042), of juvenile alleged to have violated law of United States, 137 A.L.R. Fed. 481.
81A C.J.S. Specific Performance §§ 199, 200, 208, 215 to 219.
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