Rule 70.Judgment for Specific Acts; Vesting Title
Chapter VIII: Provisional and Final Remedies and Special Proceedings · Not amended since adoption on record · Last verified July 14, 2026
Full Text of Rule 70
Advisory Committee Notes
Rule 70 applies only after judgment is entered; Rules 6 and 65 provide for remedies prior to judgment. Rule 70 applies only if a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents to perform only other specific acts and the party has failed to comply within the time specified.
Plain-English Summary
Rule 70 addresses a familiar problem after a case is over: what happens when the losing party won't do what the judgment tells them to do? If a judgment orders someone to execute a conveyance of land, deliver deeds or other documents, or perform some other specific act, and that party misses the deadline the judgment sets, the court doesn't have to wait indefinitely or start a new lawsuit. It can appoint someone else to do the act at the disobedient party's expense, and the result counts exactly as if the original party had done it.
For real or personal property located in Mississippi, the court has a more direct tool available. Rather than ordering someone to sign over title, the judgment itself can divest title from one party and vest it in another. That judgment then works the same as a properly executed conveyance — no signature needed, because the court's own order does the transferring.
When a judgment calls for delivering possession rather than transferring title, Rule 70(c) gives the sheriff a simple path forward: a certified copy of the judgment or order is all the authority the sheriff needs to seize the property and hand it to whoever the judgment names. And running alongside every remedy in this rule is Rule 70(d)'s reminder that contempt stays on the table — the court can hold a noncompliant party in contempt in addition to, not instead of, appointing someone else to act or vesting title directly.
Rule 70 only comes into play after judgment. A party trying to stop conduct or secure property before a case is decided has to look to other remedies in the rules, such as an injunction, rather than this one.
Frequently Asked Questions
What can a court do if someone refuses to sign a deed the judgment ordered them to sign?
Under Rule 70(a), the court can appoint another person to execute the conveyance or perform the required act at the disobedient party's expense. The document or act produced this way has the same legal effect as if the original party had signed or performed it.
Can a Mississippi court transfer title to property without anyone signing a deed?
Yes, for real or personal property located in Mississippi. Rule 70(b) lets the court enter a judgment that directly divests title from one party and vests it in another, and that judgment has the same effect as a properly executed conveyance.
How does the sheriff know they have authority to seize property and deliver possession under a judgment?
Rule 70(c) makes a certified copy of the judgment or order itself sufficient authority for the sheriff of the county where the property sits to seize it and deliver possession to the party the judgment names.
Is a party who ignores a judgment ordering a specific act also at risk of a contempt finding?
Yes. Rule 70(d) allows the court to adjudge the disobedient party in contempt in proper cases, on top of the rule's other remedies, such as appointing someone else to perform the act.
Does Rule 70 cover situations before a judgment is entered, like stopping someone from selling property during a lawsuit?
No. The official notes explain that Rule 70 applies only after judgment has been entered and a party has missed the deadline for compliance. Remedies sought before judgment, such as an injunction, come from other rules.