reglab/housing_qa huggingface dataset:
SD Codified L § 21-12-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 12 - Rescission Of Contracts|Section 21-12-2 - Restoration to original condition required on rescission for mistake.

21-12-2. Restoration to original condition required on rescission for mistake.Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made. Source: CivC 1877, §2009; CL 1887, §4642; RCivC 1903, §2354; RC 1919, §2025; SDC 1939 & Supp 1960, §37.0702.
SD Codified L § 21-12-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 12 - Rescission Of Contracts|Section 21-12-3 - Compensation required of plaintiff for rescission.

21-12-3. Compensation required of plaintiff for rescission.On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require. Source: CivC 1877, §2010; CL 1887, §4643; RCivC 1903, §2355; RC 1919, §2026; SDC 1939 & Supp 1960, §37.0703.
SD Codified L § 21-13-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 13 - Cancellation Of Instruments|Section 21-13-1 - Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument.

21-13-1. Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument.A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may upon his application, be so adjudged and ordered to be delivered up or canceled; but if the invalidity is apparent upon its face or upon the face of another instrument necessary to its use in evidence it is not deemed capable of causing such injury. Source: CivC 1877, §§2011, 2012; CL 1887, §§4644, 4645; RCivC 1903, §§2356, 2357; RC 1919, §§2027, 2028; SDC 1939 & Supp 1960, §37.0801.
SD Codified L § 21-13-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 13 - Cancellation Of Instruments|Section 21-13-2 - Partial cancellation of instrument.

21-13-2. Partial cancellation of instrument.Where an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue. Source: CivC 1877, §2013; CL 1887, §4646; RCivC 1903, §2358; RC 1919, §2029; SDC 1939 & Supp 1960, §37.0802.
SD Codified L § 21-14-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-1 - Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined.

21-14-1. Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined.A person entitled to specific real or personal property by reason of a perfected title or a claim of title which ought to be perfected, may recover the same by any of the remedies provided by law and if no specific remedy is applicable, by a civil action according to the facts, and in such cases the judgment may provide for delivery of the possession by specifically commanding the person so to do, or by execution directing the proper peace officer to deliver such possession. Title may be perfected and possession ordered in the same action. Source: CivC 1877, §§1991 to 1993; CL 1887, §§4624 to 4626; RCivC 1903, §§2336 to 2338; RC 1919, §§2007 to 2009; SDC 1939 & Supp 1960, §37.3701.
SD Codified L § 21-14-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-2 - Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property.

21-14-2. Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property.The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property, and make survey and measurement thereof, and of any tunnels, shafts, or drifts thereon, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action. The order must describe the property and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurements; but if any unnecessary injury be done to the property he is liable therefor. Source: CCivP 1877, §§645, 646; CL 1887, §§5459, 5460; RCCivP 1903, §§685, 686; RC 1919, §§2861, 2862; SDC 1939 & Supp 1960, §37.1520.
SD Codified L § 21-14-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-3 - Action to recover real property not prejudiced by alienation.

21-14-3. Action to recover real property not prejudiced by alienation.An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action. Source: CCivP 1877, §648; CL 1887, §5462; RCCivP 1903, §688; RC 1919, §2864; SDC 1939 & Supp 1960, §37.1510.
SD Codified L § 21-14-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-4 - Plaintiff's right to recover real property terminated while action pending--Damages for withholding.

21-14-4. Plaintiff's right to recover real property terminated while action pending--Damages for withholding.In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property. Source: CCivP 1877, §640; CL 1887, §5454; RCCivP 1903, §680; RC 1919, §2856; SDC 1939 & Supp 1960, §37.1515.
SD Codified L § 21-14-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-5 - Compensation for improvements to real property made by defendant claiming in good faith.

21-14-5. Compensation for improvements to real property made by defendant claiming in good faith.In an action for the recovery of real property, upon which permanent improvements have been made by a defendant or intervener, or those under whom he claims, holding under color of title adversely to claim of plaintiff, or another defendant or intervener, in good faith, the value of such improvements must be allowed as a counterclaim by such defendant or intervener. Source: CCivP 1877, §641; CL 1887, §5455; RCCivP 1903, §681; RC 1919, §2857; SDC 1939, §37.1516; SL 1949, ch 140, §1.
SD Codified L § 21-14-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 14 - Actions For Recovery Of Property|Section 21-14-6 - Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property.

21-14-6. Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property.In all actions arising under chapter 21-41, in actions brought for the satisfaction of record of mortgages and other liens upon real property, and in actions for the specific performance of contracts relating to real property, whenever the defendant is not found within the jurisdiction of the court and service of summons therein is made by publication or personally without the state, or whenever any defendant refuses or neglects to make a conveyance or cancel an encumbrance pursuant to the judgment of the court, the court may, by its judgment, determine and establish the title to the property, remove all clouds therefrom, or appoint a commissioner to convey the property on behalf of such defendant. Source: SL 1889, ch 111; RCCivP 1903, §691; RC 1919, §2871; SDC 1939 & Supp 1960, §37.1509.
SD Codified L § 21-15-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-1 - Claim of immediate delivery permitted in action for possession of personal property--Time of claim.

21-15-1. Claim of immediate delivery permitted in action for possession of personal property--Time of claim.The plaintiff, in an action to recover the possession of personal property may, at the time of issuing the summons or at any time before answer, claim the immediate delivery of such property as provided in this chapter. Source: CCivP 1877, §176; CL 1887, §4972; RCCivP 1903, §184; RC 1919, §2411; SDC 1939 & Supp 1960, §37.3801.
SD Codified L § 21-15-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-2 - Contents of plaintiff's affidavit.

21-15-2. Contents of plaintiff's affidavit.When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:(1)That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;(2)That the property is wrongfully detained by the defendant;(3)The alleged cause of the detention thereof, according to his best knowledge, information, and belief;(4)That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;(5)The actual value of the property. Source: CCivP 1877, §177; CL 1887, §4973; RCCivP 1903, §185; RC 1919, §2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802.
SD Codified L § 21-15-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-3 - Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.

21-15-3. Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.Upon filing the summons and complaint, and the affidavit pursuant to §21-15-2, the judge of the court having jurisdiction shall by order, require cause to be shown at a specified time and place, after reasonable notice to the defendant, why the plaintiff should not have delivery of the property claimed. Except as inconsistent with the provisions of this chapter, chapter 15-6 shall apply to the conduct of the hearing. Source: CCivP 1877, §178; CL 1887, §4974; RCCivP 1903, §186; RC 1919, §2413; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, §37.3802; SL 1973, ch 145, §1.
SD Codified L § 21-15-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.

21-15-4. Undertaking required of plaintiff--Contents--Waiver.Before possession of any property may be taken, there must be furnished a written undertaking with one or more sufficient sureties approved by the sheriff, or a cash deposit, in double the value as stated in the affidavit, securing return of the property to the defendant if return thereof be adjudged, and the payment to the defendant of any such sum as may, for any cause, be recovered against the plaintiff. The court may waive the undertaking if the ownership of the property is not in question and the plaintiff is or has been a tenant of the defendant. Source: SDC 1939 & Supp 1960, §37.3803; SL 1993, ch 170.
SD Codified L § 21-15-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.

21-15-5. Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.If cash is deposited it shall be with the clerk or a judge of the court having jurisdiction, and his receipt taken therefor and such deposit shall thereupon remain in the custody of the court until legal order of the court disposing of it, as security for all of the obligations of the party depositing it under this chapter, the same as if a written undertaking had been furnished specifically assuming said obligations. Source: SDC 1939 & Supp 1960, §37.3807.
SD Codified L § 21-15-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.

21-15-6. Seizure of property by sheriff--Safekeeping and delivery.Upon receipt of the affidavit, endorsement, undertaking, and order authorizing delivery specified in §§21-15-2 to 21-15-4, inclusive, the sheriff shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall keep it in a safe place and deliver it to the party entitled thereto upon receiving his lawful fees and necessary expenses for keeping the same. Source: CCivP 1877, §185; CL 1887, §4981; RCCivP 1903, §193; RC 1919, §2420; SDC 1939 & Supp 1960, §37.3804; SL 1973, ch 145, §2.
SD Codified L § 21-15-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-7 - Seizure of property kept in building.

21-15-7. Seizure of property kept in building.If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not forthwith delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession and if necessary he may call to his aid the power of his county. Source: CCivP 1877, §184; CL 1887, §4980; RCCivP 1903, §192; RC 1919, §2419; SDC 1939 & Supp 1960, §37.3804.
SD Codified L § 21-15-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-8 - Papers served on defendant when property seized.

21-15-8. Papers served on defendant when property seized.The sheriff shall at the time of taking any property serve on the defendant a copy of the affidavit, endorsement, and undertaking or receipt for cash bond, and notice of levy showing the property taken by delivering the same to the defendant personally, if he can be conveniently found, or to his agent from whose possession the property is taken or if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion. Source: CCivP 1877, §179; CL 1887, §4975; RCCivP 1903, §187; RC 1919, §2414; SDC 1939 & Supp 1960, §37.3804.
SD Codified L § 21-15-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-9 - Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.

21-15-9. Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver.The defendant may, within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fail to do so, he shall be deemed to have waived all objection to them. Source: CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807.
SD Codified L § 21-15-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-10 - Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.

21-15-10. Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property.When the defendant excepts, the sureties shall justify on notice as set out in §§21-15-10.1 to 21-15-10.4, inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot retain the property, as provided in §21-15-12. Source: CCivP 1877, §180; CL 1887, §4976; RCCivP 1903, §188; RC 1919, §2415; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §1.
SD Codified L § 21-15-10.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.

21-15-10.1. Notice of justification--Additional surety--Time and place of hearing.On receipt of notice the sheriff or defendant shall, within ten days thereafter, give to the plaintiff by whom the surety is subscribed, or to plaintiff's attorney, notice of the justification of surety. In case additional surety is given there shall be a new undertaking in the form prescribed. The notice shall specify a time not less than five nor more than ten days after service thereof and a place within the county where the action is pending, where hearing on the justification will be held, and that it will be held before the judge of the court, naming him, within such county. Source: SL 1984, ch 159, §2.
SD Codified L § 21-15-10.2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-10.2 - Appearance and examination of sureties.

21-15-10.2. Appearance and examination of sureties.For the purpose of justification, each of the sureties shall appear before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the defendant or the sheriff, or both, touching his sufficiency, in such manner as the judge, in his discretion, may think proper. Source: SL 1984, ch 159, §3.
SD Codified L § 21-15-10.3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-10.3 - Allowance by judge--Effect.

21-15-10.3. Allowance by judge--Effect.If the judge finds the surety sufficient, he shall endorse his allowance thereon, and cause it to be filed with the clerk; and the sheriff thereupon shall be exonerated from liability. Source: SL 1984, ch 159, §4.
SD Codified L § 21-15-10.4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-10.4 - Costs of justification.

21-15-10.4. Costs of justification.The costs of the justification shall be paid by the plaintiff if the same is found not sufficient, but if sufficient, then the defendant shall pay the costs of the justification. The costs of such justification shall be taxed by the court as other costs are taxed. Source: SL 1984, ch 159, §5.
SD Codified L § 21-15-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-11 - Qualifications and justification of plaintiff's sureties.

21-15-11. Qualifications and justification of plaintiff's sureties.The qualifications of sureties and their justification shall be as prescribed in §21-15-11.1, except that one personal surety, or a surety company authorized to do business in this state, or a cash deposit, shall be sufficient. Source: CCivP 1877, §183; CL 1887, §4979; RCCivP 1903, §191; RC 1919, §2418; SDC 1939 & Supp 1960, §37.3807; SL 1984, ch 159, §6.
SD Codified L § 21-15-11.1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-11.1 - Qualifications of bail.

21-15-11.1. Qualifications of bail.The qualifications of bail are as follows:(1)Each of them shall be a resident and freeholder within the State of South Dakota;(2)They shall each be worth double the amount of the undertaking, exclusive of property exempt from execution; but the court may allow more than one surety to justify severally in amounts less than that of the undertaking, if the whole justification is equivalent to that of two sufficient sureties. Source: SL 1984, ch 159, §7.
SD Codified L § 21-15-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.

21-15-12. Defendant's undertaking or deposit to retain possession--Terms.At any time before delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, or receipt for cash deposit, as in this chapter provided, in amount and sufficiency as required on the undertaking of the plaintiff for the immediate delivery, and securing the plaintiff for delivery of the property if such delivery be adjudged and for the payment to the plaintiff of such sum as may for any cause be recovered against the defendant. Source: CCivP 1877, §181; CL 1887, §4977; RCCivP 1903, §189; RC 1919, §2416; SDC 1939 & Supp 1960, §37.3806.
SD Codified L § 21-15-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-13 - Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.

21-15-13. Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify.The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify in the same manner as upon bail on arrest; upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the sufficiency of the defendant's sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff. Source: CCivP 1877, §182; CL 1887, §4978; RCCivP 1903, §190; RC 1919, §2417; SDC 1939 & Supp 1960, §37.3807.
SD Codified L § 21-15-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 15 - Claim And Delivery Of Personal Property|Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.

21-15-14. Delivery of property to plaintiff if return not required by defendant.If a return of the property be not required pursuant to §21-15-12 within three days after the taking and service of papers on defendant, it shall be delivered to the plaintiff unless claimed in the meantime by a third person in the manner provided by this chapter. Source: CCivP 1877, §181; CL 1887, §4977; RCCivP 1903, §189; RC 1919, §2416; SDC 1939 & Supp 1960, §37.3806.