Section 21-45-37 – Security taken by referees delivered to parties for agreed or adjudicated shares–Filing of agreement and receipt.
21-45-37. Security taken by referees delivered to parties for agreed or adjudicated shares–Filing of agreement and receipt. When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they […]
Section 21-45-22 – Court action on referees’ report–Appointment of new referees.
21-45-22. Court action on referees’ report–Appointment of new referees. The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees. Source: CCivP 1877, §562; CL 1887, §5376; RCCivP 1903, §601; RC 1919, §2812; SDC 1939 & Supp 1960, §37.1416.
Section 21-45-23 – Judgment of partition–Persons bound by judgment.
21-45-23. Judgment of partition–Persons bound by judgment. Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive: (1)On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part […]
Section 21-45-24 – Costs apportioned among parties by judgment–Lien and execution against property–Expense of litigation between some of parties.
21-45-24. Costs apportioned among parties by judgment–Lien and execution against property–Expense of litigation between some of parties. The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in […]
Section 21-45-25 – Tenants for years not affected by judgment.
21-45-25. Tenants for years not affected by judgment. The judgment of partition does not affect tenants for years less than ten, to the whole of the property which is the subject of the partition. Source: CCivP 1877, §563; CL 1887, §5377; RCCivP 1903, §602; RC 1919, §2813; SDC 1939 & Supp 1960, §37.1417.
Section 21-45-26 – Judgment survives death of party.
21-45-26. Judgment survives death of party. No judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent, as if it had been entered before his death. Source: CCivP 1877, §562; CL […]
Section 21-45-27 – Lien on undivided interest chargeable to share allocated–Partition costs preferred.
21-45-27. Lien on undivided interest chargeable to share allocated–Partition costs preferred. When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its […]
Section 21-45-28 – Sale ordered when partition not practical–Appointment of referees.
21-45-28. Sale ordered when partition not practical–Appointment of referees. If it appear to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, for which purpose it may appoint one or […]
Section 21-45-29 – Estate for life or years set off in part of property not sold.
21-45-29. Estate for life or years set off in part of property not sold. When a part of the property only is ordered to be sold, if there be an estate for life or years in an undivided share of the whole property, such estate may be set off in any part of the property, […]
Section 21-45-30 – Sale at public auction to highest bidder–Publication of notice of sale.
21-45-30. Sale at public auction to highest bidder–Publication of notice of sale. All sales of real property, made by referees, under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution, except that the sale may be held […]