South Dakota § 21-47-5 Foreclosure not permitted after money judgment unless execution returned unsatisfied.

South Dakota Statutes

§ 21-47-5 — Foreclosure not permitted after money judgment unless execution returned unsatisfied.

South Dakota § 21-47-5

Title 21JUDICIAL REMEDIES

Ch. 21-47ACTIONS TO FORECLOSE REAL PROPERTY MORTGAGES

This text of South Dakota § 21-47-5 (Foreclosure not permitted after money judgment unless execution returned unsatisfied.) 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 § 21-47-5 (2026).

Text

If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property whereon to satisfy such execution.

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If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property whereon to satisfy such execution.