Page:United States Statutes at Large Volume 47 Part 1.djvu/1081

 72d CONGRESS. SESS. II. CH. 127. FE BRU ARY 27, 1933 . 105 7 S EC. 846 . RIGH TS OF PETITIONER TO ENFORCE THE CONTRACT .-If Rights of petitioner upon the hearing, as hereinbefore provided, the right of the peti- to enfo rce con trac t. tioner to h ave a specific performance of the contract is found to be doubtful, the court must dism iss the petition without prejudi ce to the rights of the petitioner, who may, at any ti me within six months after such dismissal, proceed by action to enforce a specific perform- ance thereof. SEC. 847. Er'r'ECT OF CONVEYANCE OR TRANSFER .-Every conveyance orEf~f conveyance or transfer made in pursuance of a decree as provided in this chapter, sh all pass title to the property contracted fo r, as fully as if the con- tracting party hi mse lf was still living, and executed the conveyance or transfer. S EC. 848 . . Er'r'r:CT OF RECORDING A CO PY OF THE DECREE .-A copy of decree . copy of the decree for a conveyance or transfer as provided in t his chapter, duly certified and recorded in the office of the registrar of property, gives the pers on entitled to the conveyance or transfer a rig ht to the possession of the property contracted for, and to hold the same according to the terms of the intended conveyance or transfer, in like mann er as if the sa me had been con vey ed or tr ansf err ed to pu r- suance of the decree. S EC. 849. RECO RDING O F THE DECR EE DOES NOT SUP ERSEDE POWER OF Recording decree not to supersede power of COURT TO ENFORCE IT .-The recording of any decree, as p rovi ded in court to enforce. sect ion 848 sha ll not prev ent the cou rt making the decree fr om enforcing the same by other process. when transferee S EC. 850. WH ERE PARTY TO WHOM CONVEYANCE OR TRANSFER TO BE dead. MADE IS DEAD.-If the person entitled to the conveyance or transfer dies be fore the com men ceme nt of the p roce edin gs t her efor und er this cha pte r, or be fore the com ple tion of the conv eyan ce or t rans fer, any person entitled to succeed to his rights in the contract, or the executor or administrator of such decedent, may, for the benefit of the person so entitled, comme nce such proceed ings or prosecut e any alre ady com menc ed, and the con veya nce or t ran sfer mus t be so mad e as to ve st the prop erty in the per son or p erso ns e ntit led the reto , or in the executor or administrator, for their benefit. SEC. 851. DECREE MAY DIRECT POSSESSION TO BE SURRENDERED .The Surrender pf posses sionn decree provided for in this ch apt er may direct the possession of the property therein described to be surrendered to the person entitled ther eto , up on his producing a cert ifie d co py of the d ecre e, when , by the terms of the contract, possession is to be surrendered. CHAPTER 32 .-ACCOUNTS RENDERED BY EX ECU TORS 'ExECUTORSETC AND ADMINISTRATORS, AND PAYMENT OF DEBTS PAYME NT oF; DEBTS. LIABILITIES'AND COMPENSATION O F EXECU TORS AND ADMINI STRATORS Lia bili ties and co m- pensation of executors, etc. SEC. 852. WHEN E'XRCDTOR OR ADMINISTRATOR PERS ONALLY LIABLE. - Personal liability. No executor or administrator is chargeable upon any special promise to answ er in da mag es or to pay the deb ts of the t esta tor or intestate out of his own estate, unless the agreement for that purpose, or so me memorandum or note thereof, is in writing and signed by su ch executor or administrator, or by some oth er person by him there- un to specially authorized in writing. SEC. 853. EXECUTOR TO BE CHARGED WITH ALL EST ATE, AND SO Ex ecut or, etc ., s chargeable with all FORTH .-Ev ery exec uto r and ad mini stra tor is char geab le in his e stat e, etc° . account with the whole of the estate of the d ecedent which may come into his possession at the value of the appraisement contained in the inventory, except as provided in the following sections, and wi th all the interest, profit, and income of the estate. 3 051• -33- 67