N.M. R. Civ. P. Dist. Ct. 1-070

As amended through February 27, 2024
Rule 1-070 - Judgment for specific acts; vesting title

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.

N.M. R. Civ. P. Dist. Ct. 1-070

For specific performance of contract for conveyance of realty, see Sections 42-7-1 to 42-7-4 NMSA 1978. For conveyance of real estate by decree or master, see Section 47-1-12 NMSA 1978. Rule operates only as to property within court's jurisdiction. - Where husband owned real property located in Florida that was acquired before his marriage to wife, the trial court ordered husband to list this property for sale, husband refused to sign the necessary documents, and the trial court appointed a special master to act in husband's stead, the trial court's appointment of the special master was in error; this rule was not designed to affect jurisdiction and generally operates only as to land within the jurisdiction of the court. Fenner v. Fenner, 1987-NMCA-066, 106 N.M. 36, 738 P.2d 908. Judgment entered under this rule was not ex parte, where counsel was given notice to appear for hearing on his motion to set aside stipulation and on request by opposing counsel that judgment be entered based on stipulation, and judgment approving stipulation was entered in presence of counsel without objection. Marrujo v. Chavez, 1967-NMSC-059, 77 N.M. 595, 426 P.2d 199. Am. Jur. 2d, A.L.R. and C.J.S. references. - 17 Am. Jur. 2d Contempt §§16, 77; 71 Am. Jur. 2d Specific Performance §§112 to 119, 223, 224. Lis pendens in suit to compel stock transfer, 48 A.L.R.4th 731. 81A C.J.S. Specific Performance §§ 215 to 219.