In all actions relating to real estate, where it becomes necessary for the conveyance of the same by either party to the action the court may enter a decree, which of itself shall operate as a good and sufficient conveyance of the real estate in question or may appoint any proper person to make such conveyance for and on behalf of the party.
History: Laws 1901, ch. 62, § 10; 1903, ch. 5, § 4; Code 1915, § 4773; C.S. 1929, § 117-117; 1941 Comp., § 75-108; 1953 Comp., § 70-1-11.
ANNOTATIONSCross references. — For bringing an action for specific performance, see 42-7-1 to 42-7-4 NMSA 1978.
For enforcement of decree for specific performance, see Rule 1-070 NMRA.
Proceeding in rem to be brought in county where land situated. — A suit in aid of execution to compel grantees of land to execute conveyances vesting title in judgment debtor so as to permit plaintiff to obtain execution on judgment is a proceeding in rem and must be brought in the county in which the land is situated. Atler v. Stolz, 1934-NMSC-079, 38 N.M. 529, 37 P.2d 243, overruled on other grounds by Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
A suit to redeem lands from sale under decree of court must be brought in the county where the lands are situated. Catron v. Gallup Fire Brick Co., 1929-NMSC-029, 34 N.M. 45, 277 P. 32, overruled on other grounds by Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
Venue may be waived. — The rights conferred by the venue statute are not jurisdictional and may be waived. Kalosha v. Novick, 1973-NMSC-010, 84 N.M. 502, 505 P.2d 845.
Constructive service of process is not sufficient in an action to reform a lease or sublease by decreasing rental payments, and allowing credit for excess payments. State ex rel. Truitt v. Dist. Court of Ninth Judicial Dist., 1939-NMSC-061, 44 N.M. 16, 96 P.2d 710.