§ 16-66-116 — Conveyances by commissioners

(a) Real property may be conveyed by a commissioner appointed by the court when: (1) By the judgment in an action, a party is ordered to convey that property to another; or (2) That property has been sold under a judgment or order of the court and the purchase money paid. (b) The deed of the commissioner shall so refer to the judgment, orders, and proceedings authorizing the conveyance that the judgment, orders, and proceedings may be readily found. (c) It shall be necessary for the conveyance to be signed by the commissioner only, without affixing the names of the parties whose title is conveyed. However, the names of the parties whose title is conveyed shall be recited in the body of the conveyance. (d) 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. (e) (1) A conveyance made in pursuance of a judgment shall pass to the grantee the title of the parties ordered to convey the land. (2) 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. (f) After a conveyance is ordered or adjudged, it shall not be necessary to revive the action if any of the parties shall die, but the conveyance in pursuance of the judgment or order shall be effectual to pass the title, notwithstanding the death of any of the parties.

Legislative History

Civil Code, §§ 428-435; C. & M. Dig., §§ 1507-1512; Pope's Dig., §§ 1816-1823; A.S.A. 1947, §§ 30-501 -- 30-508; Acts 1989, No. 197, § 1.