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South Carolina
JUDICIAL DEPARTMENT
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RULE 70

RULE 70
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 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.