§ 35-4-33 — Judgment for Specific Performance

Alabama § 35-4-33

• Jurisdiction: Alabama
• Title 35: Property
• Ch. 4: Conveyances and Creation of Estates
• Art. 2: Execution, Attestation, and Acknowledgment

Text

A judgment for specific performance shall operate as a deed to convey land or other property without any conveyance being executed by the vendor. Such judgment, certified by the clerk or register, shall be recorded in the registry of deeds in the county where the land lies, and shall stand in the place of a deed. In any action in which the court orders the specific performance of a contract for the sale of real estate, when it appears from the evidence that the party in whose favor the judgment is made is entitled to the possession of the real estate as against the other party and that such other party is in person or by tenants in possession of such real estate, the court may, in such judgment of specific performance, order the issuance of a writ of possession as in ejectment cases.

Legislative History

(Code 1907, §3366; Code 1923, §6850; Code 1940, T. 47, §35.)