7-19-1. Circuit court authorization for commencement and prosecution of action. The state’s attorney may commence and prosecute actions in the name of and on behalf of the county as provided in this chapter. If in the opinion of the state’s attorney the commencement and prosecution of any action is necessary to protect the interests of […]
7-19-2. County purchase of real estate sold on execution. If any real estate is advertised to be sold at execution sale, held pursuant to any judgment in an action to which any county shall be a party, the board of county commissioners of the county may instruct the county auditor to bid on the real […]
7-19-3. Compromise of mortgage indebtedness authorized on refinancing. Whenever any school fund mortgage or courthouse or jail building fund loan mortgage held by any county is in default and is being refinanced through any other loaning agency, and the total amount due thereon for principal, interest, and taxes is greater than the value of the […]
7-19-4. Resolution for compromise of mortgage indebtedness. The compromise authorized by §7-19-3 shall be by resolution duly made and entered of record, setting forth the description of the land secured by said mortgage, the amount due thereon for principal, interest, and taxes, and the sum for which said mortgaged indebtedness is being compromised, which said […]
7-19-5. Circuit court hearing and confirmation of mortgage indebtedness compromise. After the passage of the resolution required by §7-19-4, it shall be the duty of the county auditor within three days to notify the state’s attorney in writing of the adoption of the same. The state’s attorney shall thereupon petition the circuit court for an […]
7-19-6. Validation of prior mortgage compromises by county commissioners. Any school fund loan mortgage or courthouse or jail building fund mortgage compromised by any board of county commissioners before February 16, 1935, is hereby legalized and declared to be valid, if such compromise was made in good faith and in the interest and to the […]
7-19-7. School mortgage obligation to state unimpaired. Nothing contained in §§7-19-3 to 7-19-6, inclusive, shall in any way relieve any county from paying the full amount of principal and interest due to the State of South Dakota on any school fund loan mortgage compromised. Source: SL 1935, ch 81, §4; SDC 1939, §12.1916.
7-19-8. Action to set aside mortgage compromise prohibited. In all cases where a board of county commissioners of any county has, prior to July 1, 1935, effected a compromise settlement of any indebtedness secured by a state permanent school fund mortgage, no action or proceeding shall be maintained to invalidate or set aside such compromise […]
7-19-9. Action to set aside county conveyance after mortgage compromise prohibited. In all cases where real property has, prior to July 1, 1935, been conveyed by deed to any county in satisfaction of a mortgage on said land securing the payment of a state permanent school fund loan and such real property has been thereafter […]
