Section 44-10-10 – Pledgee’s sale of securities–Evidences of debt–Exception.
44-10-10. Pledgee’s sale of securities–Evidences of debt–Exception. A pledgee cannot sell any evidences of debt pledged to him except the obligations of governments, states, or their subdivisions and public and private corporations; but he may collect the same when due. Source: CivC 1877, §1777; CL 1887, §4412; RCivC 1903, §2124; RC 1919, §1625; SDC 1939, […]
Section 44-10-11 – Debtor’s misrepresentation of value of pledge.
44-10-11. Debtor’s misrepresentation of value of pledge. Where a debtor has obtained credit or an extension of time by a fraudulent representation of the value of the property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may foreclose the pledge and […]
Section 44-11-1 – Mechanics’, laborers’, and materialmen’s liens on personal property–Extent of lien–Abandonment–Application to motor vehicles.
44-11-1. Mechanics’, laborers’, and materialmen’s liens on personal property–Extent of lien–Abandonment–Application to motor vehicles. If a person, at the request or consent of the owner or person lawfully in possession, furnishes any services, skill, labor, materials, parts, accessories, supplies, or facilities for the alteration, repair, replacement of parts, storage, keeping, maintenance, or preservation of any […]
Section 44-11-2 – Mechanics’, laborers’, and materialmen’s liens on personal property–Priority.
44-11-2. Mechanics’, laborers’, and materialmen’s liens on personal property–Priority. Such lien on personal property shall be subject only to liens, mortgages, and conditional sales contracts properly filed on or before the time that the property comes into the possession of the lien claimant. Source: SL 1925, ch 216, §2; SL 1927, ch 160, §2; SDC […]
Section 44-11-3 – Mechanics’, laborers’, and materialmen’s liens not affected by loss of possession–Notice of lien to preserve rights, filing with register of deeds–Exceptions.
44-11-3. Mechanics’, laborers’, and materialmen’s liens not affected by loss of possession–Notice of lien to preserve rights, filing with register of deeds–Exceptions. Notwithstanding the voluntary surrender or other loss of possession of the property on which such lien is claimed, the person entitled thereto may preserve such lien, if at any time within one hundred […]
Section 44-11-3.1 – Federal filing requirements.
44-11-3.1. Federal filing requirements. If federal law or regulations promulgated thereunder require liens otherwise governed by this chapter to be filed in a place other than the place required by §44-11-3, compliance with such filing requirements under federal law or regulation within the time required by §44-11-3 shall have the same effect as a proper […]
Section 44-11-4 – Foreclosure of mechanics’, laborers’, and materialmen’s liens–Action or advertisement.
44-11-4. Foreclosure of mechanics’, laborers’, and materialmen’s liens–Action or advertisement. The lien may be foreclosed at any time after sixty days from the date of furnishing the last item. The foreclosure may be conducted according to the provisions of chapter 21-53 or according to the provisions of chapter 21-54, subject to the right of persons […]
Section 44-10-7 – Obligations of pledge holder–Exoneration from undertaking.
44-10-7. Obligations of pledge holder–Exoneration from undertaking. A pledge holder for reward cannot exonerate himself from his undertaking; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged […]
Section 44-10-8 – Obligations of pledgee and pledge holder–Assumption of duties and liabilities of depository.
44-10-8. Obligations of pledgee and pledge holder–Assumption of duties and liabilities of depository. A pledgee or pledge holder for reward assumes the duties and liabilities of a depository for reward. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depository. Source: CivC 1877, §§1768, 1769; CL 1887, §§4403, 4404; RCivC 1903, §§2115, […]
Section 44-9A-1 – Liens subject to waiver under chapter.
44-9A-1. Liens subject to waiver under chapter. Liens for materials, supplies, equipment, and services furnished under construction contracts to contractors or subcontractors and arising under Title 5 or Title 44 of the South Dakota Codified Laws or by virtue of the common law of this state may be expressly waived as provided in this chapter […]