South Dakota § 15-19-36 Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.

South Dakota Statutes

§ 15-19-36 — Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.

South Dakota·Title 15 CIVIL PROCEDURE·Ch. 15-19 EXECUTION SALES

When the proceeds are sufficient to discharge the entire judgment, including costs and disbursements, the officer or the person making the sale, or the clerk of the court, shall cancel the note or other evidence of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or other evidence shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidence, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidence, so endorsed, shall be attached to and made a part of the return on the execution, but the officer or person making 

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When the proceeds are sufficient to discharge the entire judgment, including costs and disbursements, the officer or the person making the sale, or the clerk of the court, shall cancel the note or other evidence of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or other evidence shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidence, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidence, so endorsed, shall be attached to and made a part of the return on the execution, but the officer or person making such sale may retain the proceeds thereof until after the sale shall have been confirmed, as provided in § 15-19-22 .

South Dakota § 15-19-36 (Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.