South Dakota Statutes

§ 21-47-18 — Application of proceeds of sale--Investment of unclaimed surplus.

South Dakota § 21-47-18
JurisdictionSouth Dakota
Title 21JUDICIAL REMEDIES
Ch. 21-47ACTIONS TO FORECLOSE REAL PROPERTY MORTGAGES

This text of South Dakota § 21-47-18 (Application of proceeds of sale--Investment of unclaimed surplus.) 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 § 21-47-18 (2026).

Text

It shall be the duty of every officer or person who conducts any such sale to apply the proceeds as follows:

(1)To the payment of the costs and expenses of the sale;
(2)To the payment of the costs and disbursements taxed in the action in which the sale is made;
(3)To the discharge of the debt adjudged by the court to be due;
(4)To pay the surplus, if any, into court for the use of the defendant or the person entitled thereto, subject to the order of the court. If such surplus or any part thereof shall remain in court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, his representatives, or assigns, subject to the order of the court.

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Related

In Re Feimer
131 B.R. 857 (D. South Dakota, 1991)
2 case citations

Legislative History

CCivP 1877, §§ 624, 625; CL 1887, §§ 5438, 5439; SL 1893, ch 118; RCCivP 1903, §§ 663 to 665; RC 1919, § 2905; SDC 1939 & Supp 1960, § 37.2913.

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Bluebook (online)
South Dakota § 21-47-18, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/21-47-18.