South Dakota § 21-45-24 Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.

South Dakota Statutes

§ 21-45-24 — Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.

South Dakota § 21-45-24

Title 21JUDICIAL REMEDIES

Ch. 21-45PARTITION AND SALE OF REAL ESTATE

This text of South Dakota § 21-45-24 (Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 21-45-24 (2026).

Text

The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

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The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.