21-36-28. Appeal to Supreme Court. Any party to any action or proceeding under this chapter may appeal from the judgment of the circuit court to the Supreme Court, in the manner provided by law and the rules of court for appeals from the circuit court. Source: SL 1909, ch 104, §11; RC 1919, §3059; SDC […]
21-36-29. Escheated property credited to school fund. All property recovered under the provisions of this chapter shall, after the expiration of the time in which the right to bring an action for the recovery of such property shall have expired, be placed to the credit of the school fund for the maintenance of the public […]
21-36-3. Investigation and bringing of action by attorney general. Upon the receipt of a report pursuant to §21-36-2, it shall be the duty of the attorney general to conduct an investigation, and if it appears that there is any property of the estate of the decedent that may escheat to the state, and that any […]
21-36-4. Intervention in probate proceedings in lieu of bringing action. In any of the cases enumerated in §§21-36-2 and 21-36-3, if it shall appear to the attorney general that the condition of the estate is such as will permit the question of the right of succession thereto, including the rights of the state as the […]
21-36-5. Direction by Governor for institution of proceedings. If the Governor of this state shall have reason to believe that any real or personal property has escheated through defect of other heirs, he may direct the attorney general or any state’s attorney of any county in which the whole or any part thereof is situated […]
21-36-6. State’s attorney to assist on request by attorney general. Whenever requested by the attorney general, the state’s attorney of any county shall assist in the investigation, preparation, and trial of any escheat proceedings or appeals involving the same in the circuit or Supreme Court, when property located in his county is involved. Source: SL […]
21-36-7. Complaint filed to bring action–Parties defendant. An action for the recovery of escheated property or its reduction into the possession of the state shall be brought in the name of the state as plaintiff, entitled in the court in which the action is brought, by filing a complaint in which all parties in possession […]
21-36-8. Allegations required in complaint for escheat. It shall only be necessary to allege in the complaint the name of the person last seized, a general description of the estate and its approximate value, the names of the occupants or the persons in possession and claiming such estate, if known, their last-known residence and post […]
21-36-9. Summons filed–Persons to whom directed–Contents. With the complaint shall be filed a summons, entitled in the action, directed to the defendants named and to all persons generally who have or claim to have any interest in said estate, or claims against the same, as heirs, creditors, or otherwise, requiring them to appear and answer […]
