reglab/housing_qa huggingface dataset:
SD Codified L § 21-45-41 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-41 - Report of sale filed with clerk of courts--Contents.

21-45-41. Report of sale filed with clerk of courts--Contents.Within ten days after the sale of the property, or any part thereof, ordered to be sold, a report thereof, duly verified by the person making the same, shall be filed in the office of the clerk of courts of the county in which the action is pending, and shall(1)Refer to the order for sale of the property sold;(2)State when and where the property was sold, and that the sale was in all respects lawfully, honestly, and fairly conducted;(3)Submit proof of the publication of the notice of sale by attaching the affidavit of publication thereof;(4)Contain a description of the property sold;(5)Contain the name and address of the highest bidder for each part of the property sold and the amount of the bid;(6)Contain a statement and account of the sale fully itemized to show receipts therefrom and all items of costs, fees, disbursements and expenses. Source: CCivP 1877, §580; CL 1887, §5394; RCCivP 1903, §619; RC 1919, §2830; SDC 1939, §37.1436; SL 1947, ch 169.
SD Codified L § 21-45-42 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-42 - Exceptions to return of sale--Order fixing time and place for hearing.

21-45-42. Exceptions to return of sale--Order fixing time and place for hearing.At any time within ten days after such return has been filed, any person interested may file exceptions thereto in writing, and no order confirming said sale shall be made until an order of the court has been made fixing a time and place for a hearing upon said report of sale and the exceptions filed thereto, and which shall be done in the same manner and upon the same notice as a hearing upon an order to show cause. Source: SDC 1939, §37.1436 as added by SL 1947, ch 169.
SD Codified L § 21-45-43 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-43 - Higher and better bid filed before confirmation of sale.

21-45-43. Higher and better bid filed before confirmation of sale.The making of a higher and better bid subsequent to said sale shall not operate as the filing of an exception to the report of sale.If a higher and better bid is made and filed at any time before the confirmation of sale, then the procedure shall be as prescribed by §21-45-44. Source: SDC 1939, §37.1436 as added by SL 1947, ch 169.
SD Codified L § 21-45-44 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-44 - Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder.

21-45-44. Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder.Such sale shall not be confirmed as to any property for which a higher and better bid in writing, equal to or exceeding the amount specified in the order of sale, shall have been filed, prior to or at the hearing upon the return of sale, and successive bids may be received at such hearing. At the close of said bidding the court shall enter an order directing the execution and delivery of a proper conveyance to and the taking of security, if any, from the person filing or making the highest and best bid. Source: SDC 1939, §37.1437 as added by SL 1943, ch 137, §2; SL 1945, ch 161, §1; SL 1947, ch 170.
SD Codified L § 21-45-45 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-45 - Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.

21-45-45. Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.If no exceptions be filed to the report of sale, and such fact is made to appear by the certificate of the clerk of courts in whose office the same is filed, and no higher or better bid is filed with said clerk, which likewise is made to appear by the certificates of said clerk, the report of sale may be presented to the court for confirmation and determined ex parte. And if the court shall find that the sale has, in all respects, been made in conformity to the law and the order of the court for the sale, an order shall be made confirming the sale and authorizing and directing the execution and delivery of a proper conveyance and the taking of any security authorized and directed to be taken. Source: CCivP 1877, §581; CL 1887, §5395; RCCivP 1903, §620; RC 1919, §2831; SDC 1939, §37.1437; SL 1943, ch 137, §2; SL 1945, ch 161, §1; SL 1947, ch 170.
SD Codified L § 21-45-46 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-46 - Sale valid from time of confirmation--Recording of certified copy of order.

21-45-46. Sale valid from time of confirmation--Recording of certified copy of order.The sale is confirmed and valid from the time of the order confirming it, and a certified copy of the order shall be recorded in the office of the register of deeds of the county wherein the property or some part thereof is situated. Source: SDC 1939, §37.1437 as added by SL 1947, ch 170.
SD Codified L § 21-45-47 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-47 - Validation of prior proceedings in which sales confirmed--Rights barred by no action.

21-45-47. Validation of prior proceedings in which sales confirmed--Rights barred by no action.All sales of real property made pursuant to partition proceedings which were confirmed by an order or judgment of the court in which said sales were held prior to January 1, 1992, are hereby in all things legalized, cured, and validated as fully as if said sale and the partition proceedings in reference thereto had been made in full compliance with all existing laws.If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10. Source: SL 1967, ch 354; SL 1968, ch 275; SL 1972, ch 134; SL 1992, ch 307, §8.
SD Codified L § 21-45-48 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-48 - Recording of conveyance--Persons barred by recorded conveyance.

21-45-48. Recording of conveyance--Persons barred by recorded conveyance.The conveyance must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action; and against all such parties and persons as were unknown if the summons was served by publication, and against all persons claiming under them or either of them and against all persons having unrecorded deeds or liens, at the commencement of the action. Source: CCivP 1877, §583; CL 1887, §5397; RCCivP 1903, §622; RC 1919, §2833; SDC 1939 & Supp 1960, §37.1438.
SD Codified L § 21-45-49 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-49 - Disposition of proceeds directed by order confirming sale.

21-45-49. Disposition of proceeds directed by order confirming sale.The order confirming a sale may also make provision directing and authorizing the disposition to be made of the proceeds of a sale. Source: CCivP 1877, §581; CL 1887, §5395; RCCivP 1903, §620; RC 1919, §2831; SDC 1939, §37.1437; SL 1943, ch 137, §2; SL 1945, ch 161, §1; SL 1947, ch 170.
SD Codified L § 21-45-50 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-50 - Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.

21-45-50. Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, in the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy by pleadings as in an original action. Source: CCivP 1877, §570; CL 1887, §5384; RCCivP 1903, §609; RC 1919, §2820; SDC 1939 & Supp 1960, §37.1421.
SD Codified L § 21-45-51 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-51 - Application of proceeds of sale of encumbered property.

21-45-51. Application of proceeds of sale of encumbered property.The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:(1)To pay its just proportion of the general costs of the action;(2)To pay the costs of the reference;(3)To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;(4)The residue among the owners of the property sold, according to their respective shares therein. Source: CCivP 1877, §567; CL 1887, §5381; RCCivP 1903, §606; RC 1919, §2817; SDC 1939 & Supp 1960, §37.1418.
SD Codified L § 21-45-52 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-52 - Lien holder required to resort to other secured property.

21-45-52. Lien holder required to resort to other secured property.Whenever any party to an action who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such security to be exhausted before distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof. Source: CCivP 1877, §568; CL 1887, §5382; RCCivP 1903, §607; RC 1919, §2818; SDC 1939 & Supp 1960, §37.1419.
SD Codified L § 21-45-53 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-53 - Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.

21-45-53. Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing, filed with the clerk of courts. Upon the filing of such consent, the clerk must enter the same in the minutes of the court. If such consent be not given, filed, and entered at or before the time a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require. If the person entitled to such estate for life or years be unknown, the court must provide for the protection of his rights in the same manner, as far as may be, as if he were known and had appeared. Source: CCivP 1877, §§574 to 576; CL 1887, §§5388 to 5390; RCCivP 1903, §§613 to 615; RC 1919, §§2824 to 2826; SDC 1939 & Supp 1960, §37.1422.
SD Codified L § 21-45-54 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-54 - Compensation for future estate--Payment or investment of compensatory share.

21-45-54. Compensation for future estate--Payment or investment of compensatory share.In all cases of sales, where it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner as to protect the rights and interests of the parties. Source: CCivP 1877, §577; CL 1887, §5391; RCCivP 1903, §616; RC 1919, §2827; SDC 1939 & Supp 1960, §37.1423.
SD Codified L § 21-45-55 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-55 - Investment of proceeds of sale for unknown or nonresident owner.

21-45-55. Investment of proceeds of sale for unknown or nonresident owner.When there are proceeds of a sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, the same must be invested in bonds of the United States for the benefit of the persons entitled thereto. Source: CCivP 1877, §584; CL 1887, §5398; RCCivP 1903, §623; RC 1919, §2834; SDC 1939 & Supp 1960, §37.1424.
SD Codified L § 21-45-56 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-56 - Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.

21-45-56. Receipt and deposit by clerk of courts of securities and investments for parties--Accounting.The clerk of courts, in whose name a security is taken, or by whom an investment is made, and his successor in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him thereon and the disposition thereof. Source: CCivP 1877, §587; CL 1887, §5401; RCCivP 1903, §626; RC 1919, §2837; SDC 1939 & Supp 1960, §37.1439.
SD Codified L § 21-46-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 46 - Partition And Sale Of Personal Property|Section 21-46-1 - Property subject to partition or sale--Persons entitled to bring action.

21-46-1. Property subject to partition or sale--Persons entitled to bring action.When several persons hold and are in possession of personal property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners. Source: SL 1953, ch 208, §1; SDC Supp 1960, §37.14A01.
SD Codified L § 21-46-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 46 - Partition And Sale Of Personal Property|Section 21-46-2 - Venue of action.

21-46-2. Venue of action.The venue of such action shall be the county in which such property or a part thereof is located. Source: SL 1953, ch 208, §2; SDC Supp 1960, §37.14A01.
SD Codified L § 21-46-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 46 - Partition And Sale Of Personal Property|Section 21-46-3 - Procedure for partition or sale.

21-46-3. Procedure for partition or sale.The procedure to be followed shall be the same as provided in chapter 21-45, for the partition of real estate. Source: SL 1953, ch 208, §3; SDC Supp 1960, §37.14A02.
SD Codified L § 21-46-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 46 - Partition And Sale Of Personal Property|Section 21-46-4 - Consolidation of real property and personal property actions.

21-46-4. Consolidation of real property and personal property actions.Where real and personal property are owned by the same persons in substantially like interests, the court, in its discretion, may permit the consolidation of the personal property action established by this chapter with the real property action established by chapter 21-45 to be consolidated into one action. Source: SL 1953, ch 208, §4; SDC Supp 1960, §37.14A03.
SD Codified L § 21-47-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-1 - Venue of foreclosure actions--Service outside county on nonresident defendant.

21-47-1. Venue of foreclosure actions--Service outside county on nonresident defendant.Actions for the foreclosure or satisfaction of mortgages may be brought in the circuit court for the county where the mortgaged real property or some portion thereof is situated, and in case any defendant be not a resident of the county, process may be served on him in any other county within the state. Source: CCivP 1877, §616; CL 1887, §5430; RCCivP 1903, §655; RC 1919, §2897; SDC 1939, §37.2901; SL 1943, ch 139.
SD Codified L § 21-47-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.

21-47-2. Service by publication on nonresident, absent or unknown defendants.If the defendant be a nonresident of the state, or absent or concealed or if he be a resident of the state and after due diligence cannot be found in the state, service may be made by publication in the manner prescribed by statute or rule of court in ordinary civil actions but no additional lien on or seizure of property other than that contained in the mortgage or resulting from commencing foreclosure thereof shall be necessary to obtain jurisdiction of the persons served with process by publication. If the mortgagor or any other proper party defendant is deceased, service upon unknown heirs, devisees, legatees, personal representatives, creditors, and other unknown persons, who might have a right of redemption from the mortgage, may be made by publication, as provided by §15-9-9. Source: CCivP 1877, §616; CL 1887, §5430; RCCivP 1903, §655; RC 1919, §2897; SDC 1939, §37.2901; SL 1943, ch 139; SL 1995, ch 167, §188.
SD Codified L § 21-47-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-3 - Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable.

21-47-3. Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable.If the mortgage debt be secured by the obligation, or other evidence of debt, of any other person than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged premises, as well against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process. Source: CCivP 1877, §619; CL 1887, §5433; RCCivP 1903, §658; RC 1919, §2900; SDC 1939 & Supp 1960, §37.2902.
SD Codified L § 21-47-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.

21-47-4. Previous actions for collection of debt to be disclosed by complaint.In an action for the foreclosure or satisfaction of a mortgage, the complaint shall state whether any proceedings have been had at law or otherwise for the recovery of the debt secured by such mortgage or any part thereof; and if there has, whether any and what part thereof has been collected. Source: CCivP 1877, §620; CL 1887, §5434; RCCivP 1903, §659; RC 1919, §2901; Supreme Court Rule 591, 1939; SDC 1939 & Supp 1960, §37.2903.
SD Codified L § 21-47-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-5 - Foreclosure not permitted after money judgment unless execution returned unsatisfied.

21-47-5. Foreclosure not permitted after money judgment unless execution returned unsatisfied.If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property whereon to satisfy such execution. Source: CCivP 1877, §621; CL 1887, §5435; RCCivP 1903, §660; RC 1919, §2902; SDC 1939 & Supp 1960, §37.2905.
SD Codified L § 21-47-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-6 - Proceedings at law not had while foreclosure action pending.

21-47-6. Proceedings at law not had while foreclosure action pending.After action for foreclosure shall be commenced, while the same is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court. Source: CCivP 1877, §618; CL 1887, §5432; RCCivP 1903, §657; RC 1919, §2899; SDC 1939 & Supp 1960, §37.2904.
SD Codified L § 21-47-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-7 - Injunction to restrain injury to property during existence of lien or foreclosure.

21-47-7. Injunction to restrain injury to property during existence of lien or foreclosure.The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the existence of a lien or foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption. Source: CCivP 1877, §634; CL 1887, §5448; RCCivP 1903, §674; RC 1919, §2913; SDC 1939 & Supp 1960, §37.2906.
SD Codified L § 21-47-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 47 - Actions To Foreclose Real Property Mortgages|Section 21-47-8 - Dismissal of complaint on payment into court of installments then due.

21-47-8. Dismissal of complaint on payment into court of installments then due.Whenever an action shall be commenced for the foreclosure of a mortgage upon which there shall be due any interest or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant bringing into court at any time before entry of judgment the principal and interest due, with costs and disbursements. Source: CCivP 1877, §626; CL 1887, §5440; RCCivP 1903, §666; RC 1919, §2906; SDC 1939 & Supp 1960, §37.2907.