reglab/housing_qa huggingface dataset:
SD Codified L § 21-44-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-14 - Inquiry and proof required on uncontested petition.

21-44-14. Inquiry and proof required on uncontested petition.Whether or not such petition is opposed, the court must inquire into the matters set forth and shall grant the prayer of such petition only if satisfied that the life tenant is in fact deceased, and that his right, title, or interest in, or lien or encumbrance upon, the real estate or personal property involved, has terminated by reason of his death. Source: Supreme Court Rule 576, 1939; SDC 1939, §37.1206; Supreme Court Rule adopted August 10, 1943.
SD Codified L § 21-44-15 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-15 - Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.

21-44-15. Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.Clear and convincing proof of the identity and death of the life tenant must be submitted. If the court is not satisfied with the proof offered at the hearing whether it be contested or not, the court may adjourn such hearing to a convenient future date, and require the petitioner at such adjourned hearing to produce a certified copy of the death certificate of the life tenant, if he died within a state where such certificates are a matter of public record, or in lieu thereof, the affidavits of two or more persons, that they knew the life tenant in his lifetime, and after his death saw his body.If such affidavits are made outside South Dakota, they must be accompanied by a statement of an officer of the state or country where such affidavits are made, that he personally knows affiants, that they are persons having a good reputation for truth and veracity, and as law abiding citizens. Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
SD Codified L § 21-44-16 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-16 - Statement or affidavit establishing death of person in military service.

21-44-16. Statement or affidavit establishing death of person in military service.If the life tenant was in the military service at the time of his death, the written statement of his commanding officer giving the facts of his death, signed by such commanding officer with his rank and organization, or the affidavit of one or more soldiers who knew the fact of his death, may be accepted in lieu of any of the proof required by §21-44-15. Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
SD Codified L § 21-44-17 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-17 - Presumption of death after seven years' absence.

21-44-17. Presumption of death after seven years' absence.If any person upon whose life any estate or interest in property depends, remains without the United States or absents himself in the state or elsewhere for seven years together, such person must be accounted naturally dead in any action or special proceeding concerning any such property in which his death shall come in question unless sufficient proof be made in such case that he is living. Source: CCivP 1877, §498; CL 1887, §5312; RCCivP 1903, §537; RC 1919, §2729; SDC 1939, §36.0205; SL 1957, ch 191.
SD Codified L § 21-44-18 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.

21-44-18. Denial of petition if proof insufficient--Order to proceed in quiet title action.If the court is not satisfied with the proof finally offered, the court may deny the petition or order the petitioner to proceed under chapter 21-41. Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, §37.1206.
SD Codified L § 21-44-19 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-19 - Judgment finding life tenant deceased and terminating life estate--Effect of judgment.

21-44-19. Judgment finding life tenant deceased and terminating life estate--Effect of judgment.Upon the completion of the hearing and compliance with the procedure and proof required by this chapter, the court may make an order or judgment, finding as a fact upon the question of the death of the life tenant and adjudicating upon the termination of the life tenant's right, title, interest, lien, or claim upon the property involved. The order or judgment of the court shall be of the same force and effect and finality of other judgments of the circuit court. If the court shall find or adjudge as a fact that the life tenant is deceased, such adjudication terminates all right, title, interest, lien, or claim of such life tenant and those claiming under him adversely to the remainderman or his successor in interest, unless the same is asserted as provided in §21-44-24. Source: SDC 1939 & Supp 1960, §37.1207.
SD Codified L § 21-44-20 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-20 - Validation of prior proceedings as to personal property.

21-44-20. Validation of prior proceedings as to personal property.All proceedings had prior to July 1, 1957, for the termination of life estates in personal property pursuant to the provisions of this chapter, where such proceedings evidence a compliance with such chapter in every respect except that where real property is indicated therein reference is made to such personal property, or to both real and personal property upon a consolidation of proceedings, are hereby legalized, cured and validated, and all such life estates are deemed to be and are terminated. Source: SL 1957, ch 504; SDC Supp 1960, §65.0336.
SD Codified L § 21-44-21 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-21 - Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.

21-44-21. Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.All proceedings for termination of life estate conducted prior to July 1, 1957, in which personal property has been involved, in which two or more life tenants were named, or in which the remaindermen were not identical as to all property involved, are hereby legalized, cured, and validated, and all such proceedings are hereby declared to be in all respects of like force and effect as if expressly authorized by the law in effect at the time such proceeding was conducted.If any person had any vested right in any property, or other rights of any kind, by reason of any of the matters referred to in paragraph one hereof, if no action or proceeding to enforce such right was begun prior to July 1, 1958, such rights shall be forever barred; and no action or proceeding so brought is of any force or effect, or maintainable in any court of this state, unless, prior to July 1, 1958, there was recorded in the office of the register of deeds of the county in which the property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10. Source: SL 1957, ch 503; SDC Supp 1960, §65.0335.
SD Codified L § 21-44-22 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-22 - Validation of prior proceedings where notice or allegations were insufficient.

21-44-22. Validation of prior proceedings where notice or allegations were insufficient.In all instances where an order terminating a life estate of any person in and to any real property has been made by the circuit court as provided by this chapter, any and all such orders for hearing and all orders and decrees made and entered in any such proceedings in the circuit court aforesaid, where the hearing has been had at the time and place as specified in the order for hearing, notwithstanding the fact that less than three weeks intervened between the date of the first publication of notice and the date of hearing, and notwithstanding any failure in any or either of said proceedings to state the date of the death of the life tenant are hereby legalized and validated. Source: SL 1953, ch 495; SL 1957, ch 502; SDC Supp 1960, §65.0334.
SD Codified L § 21-44-23 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-23 - Recording of judgment terminating estate--Prima facie evidence.

21-44-23. Recording of judgment terminating estate--Prima facie evidence.A certified copy of the order or judgment of the circuit court must be filed in the office of the register of deeds of the county wherein the real estate involved, or any portion sought to be affected by the judgment is situated. Thirty days after such recording the same shall constitute prima facie evidence of the fact of the death of the life tenant and of all other matters set forth in such order. Source: SDC 1939 & Supp 1960, §37.1208.
SD Codified L § 21-44-24 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-24 - Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.

21-44-24. Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.Any person interested who questions the fact of such death may at any time commence an action in the circuit court to set aside the judgment or order of the court and file for record in the office of such register of deeds, a notice subscribed and verified by him, giving the description of the real estate or personal property involved, and the basis and reasons as to his raising such question as to the fact of death, but no purchaser or encumbrancer of such real estate or personal property, or any part thereof, in good faith and for value, more than thirty days after the recording of the certified copy of the order or judgment shall be subject to any claim growing out of the rights of the life tenant. Source: SDC 1939 & Supp 1960, §37.1208.
SD Codified L § 21-44-25 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-25 - Prospective and retrospective application of chapter.

21-44-25. Prospective and retrospective application of chapter.This chapter shall apply regardless of whether the death of the life tenant is claimed to have occurred prior or subsequent to the enactment of this code. Source: SDC 1939 & Supp 1960, §37.1202.
SD Codified L § 21-44-26 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-26 - Remedy not exclusive.

21-44-26. Remedy not exclusive.The remedy provided by this chapter is not exclusive, and any remainderman or his successor in interest may resort to any other remedy provided by this code, for the establishment of any rights growing out of the claimed death of the life tenant. Source: SDC 1939 & Supp 1960, §37.1209.
SD Codified L § 21-44-27 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 44 - Termination Of Life Estates|Section 21-44-27 - Spousal joint tenancy termination.

21-44-27. Spousal joint tenancy termination. If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following:(1)The name and date of death of the deceased joint tenant;(2)The legal description of the real property held in joint tenancy;(3)The name of the surviving spouse of the deceased joint tenant;(4)That the surviving spouse of the deceased joint tenant is the sole surviving joint tenant in the real property.The affidavit shall be accompanied by a certified copy of the death certificate of the deceased joint tenant. Source: SL 1995, ch 119; SL 1996, ch 149; SL 1999, ch 114, §1; SL 2021, ch 34, § 5.
SD Codified L § 21-45-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-1 - Property subject to partition or sale--Persons entitled to bring action.

21-45-1. Property subject to partition or sale--Persons entitled to bring action.When several cotenants hold and are in possession of real 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 appear that a partition cannot be made without great prejudice to the owners. Source: CCivP 1877, §548; CL 1887, §5362; RCCivP 1903, §587; RC 1919, §2798; SDC 1939 & Supp 1960, §37.1401.
SD Codified L § 21-45-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-2 - Consent by conservator to partition without action.

21-45-2. Consent by conservator to partition without action.The conservator of any minor or protected person, who is interested in real property held in joint tenancy or in common or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to partition without action and agree upon the share to be set off to such minor or protected person entitled and may execute a release on his behalf to the owners of the shares of the parts to which they may be respectively entitled upon an order of the court. Source: SDC 1939 & Supp 1960, §37.1402; SL 1993, ch 213, §102.
SD Codified L § 21-45-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-3 - Persons to whom summons directed--General direction to unknown persons.

21-45-3. Persons to whom summons directed--General direction to unknown persons.The summons in an action brought pursuant to §21-45-1 must be directed to all the joint tenants and tenants in common, and all persons having an interest in, or any lien of record by mortgage, judgment, or otherwise, upon the property or upon any particular portion thereof; and if it appears necessary to adjudicate the rights of unknown claimants of any kind, it may contain a general direction as follows: to all persons unknown who have or claim to have, any interest in the property described in the complaint. Source: CCivP 1877, §552; CL 1887, §5366; RCCivP 1903, §591; RC 1919, §2802; SDC 1939 & Supp 1960, §37.1406.
SD Codified L § 21-45-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-4 - Grantees and lien holders need not be joined unless claim recorded.

21-45-4. Grantees and lien holders need not be joined unless claim recorded.No person having a conveyance of, or claiming a lien on the property, or some part of it, need be made a party to the action, unless such conveyance or lien appear of record. Source: CCivP 1877, §550; CL 1887, §5364; RCCivP 1903, §589; RC 1919, §2800; SDC 1939 & Supp 1960, §37.1404.
SD Codified L § 21-45-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-5 - Service of summons--Description included when served by publication.

21-45-5. Service of summons--Description included when served by publication.The summons must be served in the manner prescribed for service of summons in actions to determine adverse claims to real estate, and when the summons is served by publication, it must contain a description of the property. Source: CCivP 1877, §553; CL 1887, §5367; RCCivP 1903, §592; RC 1919, §2803; SDC 1939 & Supp 1960, §37.1407.
SD Codified L § 21-45-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-6 - Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.

21-45-6. Interests of parties set forth in complaint--Allegations as to unknown and contingent interests.The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder of a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint. Source: CCivP 1877, §549; CL 1887, §5363; RCCivP 1903, §588; RC 1919, §2799; Supreme Court Rule 578, 1939; SDC 1939 & Supp 1960, §37.1403.
SD Codified L § 21-45-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-7 - Lis pendens notice required--Constructive notice.

21-45-7. Lis pendens notice required--Constructive notice.Immediately after filing the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of the several counties in which the property is situated, a notice of the pendency of the action, containing the names of the parties, so far as known, the object of the action, and a description of the property to be affected thereby. From the time of filing such notice for record all persons shall be deemed to have notice of the pendency of the action. Source: CCivP 1877, §551; CL 1887, §5365; RCCivP 1903, §590; RC 1919, §2801; SDC 1939 & Supp 1960, §37.1405.
SD Codified L § 21-45-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-8 - Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances.

21-45-8. Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances.If it appears to the court by the certificate of the register of deeds or clerk of courts, or by the verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action, by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or encumbrances have been paid or, if not paid, what amount remains due thereon, and their order among the liens or encumbrances severally held by such persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security. Source: CCivP 1877, §557; CL 1887, §5371; RCCivP 1903, §596; RC 1919, §2807; SDC 1939 & Supp 1960, §37.1411.
SD Codified L § 21-45-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-9 - Notice to lien holders to appear before referee--Service of notice--Report of referee.

21-45-9. Notice to lien holders to appear before referee--Service of notice--Report of referee.The plaintiff must cause a notice to be served, a reasonable time previous to the day for appearance before the referee appointed on each person having outstanding liens of record, who is not a party to the action, to appear before the referee at a specified time and place, to make proof, by his own affidavit or otherwise, of the amount due or to become due contingently or absolutely thereon. In case such person be absent, or his residence be unknown, service may be made by publication or notice to his agent, under the direction of the court, in such manner as may be proper. The report of the referee thereon must be made to the court and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require. Source: CCivP 1877, §558; CL 1887, §5372; RCCivP 1903, §597; RC 1919, §2808; SDC 1939 & Supp 1960, §37.1411.
SD Codified L § 21-45-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-10 - Validation of prior appearances by personal representatives.

21-45-10. Validation of prior appearances by personal representatives.In all partition proceedings including sales conducted before July 1, 1947 in the circuit courts of this state, in which any duly appointed, qualified and acting personal representative shall have appeared as a party plaintiff, or defendant, and the heirs or devisees therein were not named as parties or served with process, the appearance of such personal representative in his official capacity shall be deemed to have been an appearance on behalf of all the heirs or devisees, and where such proceedings including sales shall have been duly confirmed, the same is hereby legalized, cured and validated and the authority of such personal representative to appear as a party plaintiff or defendant on behalf of the heirs or devisees is hereby confirmed. Source: SL 1947, ch 166; SDC Supp 1960, §65.0322.
SD Codified L § 21-45-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-11 - Contents of answer.

21-45-11. Contents of answer.The defendants who have been served with process in the action, or who have appeared without such service, must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property; and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they must state the original amount and date of same, and the sum remaining due thereon; also whether the same has been secured in any other way or not; and if secured, the nature and extent of such security, or they are deemed to have waived their right to such lien. Source: CCivP 1877, §554; CL 1887, §5368; RCCivP 1903, §593; RC 1919, §2804; Supreme Court Rule 579, 1939; SDC 1939 & Supp 1960, §37.1408.
SD Codified L § 21-45-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 45 - Partition And Sale Of Real Estate|Section 21-45-12 - Trial and determination of rights of parties in property--Rights of unknown persons.

21-45-12. Trial and determination of rights of parties in property--Rights of unknown persons.The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court, before the judgment of sale can be made; and where service of the complaint has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, as not between themselves. Source: CCivP 1877, §555; CL 1887, §5369; RCCivP 1903, §594; RC 1919, §2805; SDC 1939 & Supp 1960, §37.1409.