South Dakota § 21-45-51 Application of proceeds of sale of encumbered property.

South Dakota Statutes

§ 21-45-51 — Application of proceeds of sale of encumbered property.

South Dakota § 21-45-51

Title 21JUDICIAL REMEDIES

Ch. 21-45PARTITION AND SALE OF REAL ESTATE

This text of South Dakota § 21-45-51 (Application of proceeds of sale of encumbered property.) 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 § 21-45-51 (2026).

Text

The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:

(1)To pay its just proportion of the general costs of the action;

(2)To pay the costs of the reference;

(3)To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;

(4)The residue among the owners of the property sold, according to their respective shares therein.

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The proceeds of the sale of encumbered property must be applied under the direction of the court as follows: (1) To pay its just proportion of the general costs of the action; (2) To pay the costs of the reference; (3) To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment; (4) The residue among the owners of the property sold, according to their respective shares therein.