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SCRCP 70

Judgment for Specific Acts: Vesting Title

activein force · 2026-10-02 – presentcompiled-edition

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 court may 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.

Note:

This Rule 70 is the same as the Federal Rule except changing references to the State

rather than the United States. It preserves the practice of allowing the clerk to issue

writs of attachment or sequestration to obtain delivery of possession of property. The

Rule represents no change to present State practice, but defines the court's powers

more precisely.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-01-print-version-2026-10-02
Content hash
1c53c8db8ff5ed0b6a7c0e35d657d09c8e5456cce090bba02a276295dd55149e
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