Section 18-4-25 – False certification of acknowledgment or proof as forgery.
18-4-25. False certification of acknowledgment or proof as forgery. If any officer authorized to take the acknowledgment or proof of any conveyance of real property or of any other instrument which by law may be recorded, knowingly and falsely certifies that any such conveyance or instrument was acknowledged by any party thereto or was proved […]
Section 18-4-26 – Action in circuit court to prove instrument defectively certified–Judgment entitles instrument to record.
18-4-26. Action in circuit court to prove instrument defectively certified–Judgment entitles instrument to record. When the acknowledgment or proof of execution of an instrument is properly made but defectively certified any party interested may have an action in the circuit court to obtain a judgment correcting the certificate. Any person interested under an instrument entitled […]
Section 18-4-27 – Prior instruments governed by prior law.
18-4-27. Prior instruments governed by prior law. The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before July 1, 1939, executed, acknowledged, proved, or recorded is not affected by anything contained in this chapter, but depends for its validity and legality, except as to seals, upon the […]
Section 18-4-28 – Validity of conveyances acknowledged or proved under prior law.
18-4-28. Validity of conveyances acknowledged or proved under prior law. All conveyances of real property made before July 1, 1939, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and […]
Section 18-4-29 – Form–Certificate of acknowledgement–Video communication technology.
18-4-29. Form–Certificate of acknowledgement–Video communication technology. The certificate of acknowledgment of a document executed under § 18-1-11.1 shall be substantially in the following form: State of South Dakota County of _____ ss On this _____ day of _____, in the year_____, before me, _____ (Notary’s Name), the undersigned officer appeared _____ (Signer’s Name) with a […]
Section 18-4-15 – Form of certificate of acknowledgment by deputy sheriff.
18-4-15. Form of certificate of acknowledgment by deputy sheriff. The certificate of acknowledgment by any deputy sheriff of South Dakota must be substantially in the following form: State of South Dakota, County of __________ ss On this __________ day of __________, in the year ______, before me personally appeared ________, known to me (or proved […]
Section 18-4-16 – Fees chargeable for acknowledgments–Violation as petty offense.
18-4-16. Fees chargeable for acknowledgments–Violation as petty offense. Officers authorized by law to take and certify acknowledgment of deeds and other instruments are entitled to charge and receive twenty-five cents each therefor, and for administering oaths and certifying the same, ten cents. A violation of this section is a petty offense. Source: SL 1862, ch […]
Section 18-4-17 – Means of proving instrument not acknowledged.
18-4-17. Means of proving instrument not acknowledged. Proof of the execution of an instrument, when not acknowledged, may be made either: (1)By the party executing it, or either of them; (2)By a subscribing witness; or (3)By other witnesses, in cases mentioned in §§18-4-19 and 18-4-20, relating to proof of handwriting. Source: CivC 1877, §662; CL […]
Section 18-4-18 – Proof of instrument by subscribing witness.
18-4-18. Proof of instrument by subscribing witness. If proof of the execution of an instrument is made by a subscribing witness, such witness must be personally known to the officer taking the proof to be the person whose name is subscribed to the instrument as a witness or must be proved to be such by […]
Section 18-4-19 – Circumstances permitting proof of instrument by handwriting.
18-4-19. Circumstances permitting proof of instrument by handwriting. The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: (1)When the parties and all the subscribing witnesses are dead; (2)When the parties and all the subscribing witnesses […]