43-25-18. Grant made on condition subsequent defeated by nonperformance of condition.
Where a grant is made upon condition subsequent, and is subsequently defeated by the nonperformance of the condition, the person otherwise entitled to hold under the grant must reconvey the property to the grantor or his successors, by grant duly acknowledged for record.
Source: CivC 1877, §633, subdiv 5; CL 1887, §3254, subdiv 5; RCivC 1903, §947, subdiv 5; RC 1919, §555 (5); SDC 1939, §51.1414 (5).