Section 21-45-32 – Credit terms ordered by court and announced at sale–Separate sale of distinct tracts.
21-45-32. Credit terms ordered by court and announced at sale–Separate sale of distinct tracts. In all cases of sales of property, the terms must be made known at the time, and if the premises consist of distinct farms or lots, they must be sold separately. The court must, in the order for sale, direct the […]
Section 21-45-17 – Partition according to respective rights of parties–Surveys and landmarks.
21-45-17. Partition according to respective rights of parties–Surveys and landmarks. In making the partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, […]
Section 21-45-33 – Referees and conservators disqualified from purchasing at sale.
21-45-33. Referees and conservators disqualified from purchasing at sale. None of the referees, nor any person for the benefit of any of them, can be interested in any purchase; nor can a conservator of a minor party be interested in the purchase of any real property being the subject of the action except for the […]
Section 21-45-18 – Road or street set aside before partition or sale.
21-45-18. Road or street set aside before partition or sale. Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the […]
Section 21-45-34 – Purchase by cotenant or lien holder.
21-45-34. Purchase by cotenant or lien holder. When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him. Source: CCivP 1877, […]
Section 21-45-19 – Unequal division with compensatory payments between parties.
21-45-19. Unequal division with compensatory payments between parties. When it appears that the partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another, […]
Section 21-45-35 – Payment to guardian of proceeds of sale.
21-45-35. Payment to guardian of proceeds of sale. If the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to his guardian, or the guardian ad litem appointed for him in the action, upon giving the security required by law, or directed by order […]
Section 21-45-20 – Report of referees on partition made.
21-45-20. Report of referees on partition made. The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party, with a particular description of each share. Source: CCivP 1877, §561; CL 1887, §5375; RCCivP 1903, §600; […]
Section 21-45-21 – Expenses and fees apportioned among parties.
21-45-21. Expenses and fees apportioned among parties. The expenses of the referees, including those of a surveyor and his assistants, when employed, must be ascertained and allowed by the court, and the amount thereof, together with the fees allowed by the court, in its discretion, to the referees, must be apportioned among the different parties […]
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.