Section 43-36-3 – Gift not subject to revocation by giver–Exception–Gift in view of death.
43-36-3. Gift not subject to revocation by giver–Exception–Gift in view of death. A gift, other than a gift in view of death, cannot be revoked by the giver. Source: CivC 1877, §641; CL 1887, §3262; RCivC 1903, §955; RC 1919, §563; SDC 1939, §51.1508.
Section 43-36-4 – Gift in view of death–Definition.
43-36-4. Gift in view of death–Definition. A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Source: CivC 1877, §642; CL 1887, §3263; RCivC 1903, §956; RC 1919, §564; SDC […]
Section 43-36-5 – Gift in view of death–Presumption.
43-36-5. Gift in view of death–Presumption. A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. Source: CivC 1877, §643; CL 1887, §3264; RCivC 1903, §957; RC 1919, §565; SDC 1939, […]
Section 43-36-6 – Gift in view of death–Revocation–Rights of bona fide purchaser protected.
43-36-6. Gift in view of death–Revocation–Rights of bona fide purchaser protected. A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event […]
Section 43-36-7 – Gift in view of death not affected by will–Exception.
43-36-7. Gift in view of death not affected by will–Exception. A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. Source: CivC 1877, §645; CL 1887, §3266; RCivC 1903, §959; RC 1919, §567; SDC 1939, §51.1511.
Section 43-36-8 – Gift in view of death–Treatment as legacy–Creditors of giver.
43-36-8. Gift in view of death–Treatment as legacy–Creditors of giver. A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver. Source: CivC 1877, §646; CL 1887, §3267; RCivC 1903, §960; RC 1919, §568; SDC 1939, §51.1512.
Section 43-37-1 – Loan for use–Definition–Money in specie.
43-37-1. Loan for use–Definition–Money in specie. A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Money in specie may be loaned for use. […]
Section 43-37-2 – Loan for exchange–Definition.
43-37-2. Loan for exchange–Definition. If the borrower agrees to return at a future time a similar thing instead of the identical thing borrowed, the loan is a loan for exchange. Source: CivC 1877, §1087; CL 1887, §3710; RCivC 1903, §1406; RC 1919, §1029; SDC 1939, §38.0201.
Section 43-36-1 – Gift defined.
43-36-1. Gift defined. A gift is a transfer of personal property, made voluntarily and without consideration. Source: CivC 1877, §639; CL 1887, §3260; RCivC 1903, §953; RC 1919, §561; SDC 1939, §51.1506.
Section 43-34-7 – Thing made from material of another–Ownership–Value of workmanship and material–Reimbursement.
43-34-7. Thing made from material of another–Ownership–Value of workmanship and material–Reimbursement. If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker […]