South Dakota Statutes
§ 43-11-28 — Effects on the power of a lien by mortgage.
South Dakota § 43-11-28
This text of South Dakota § 43-11-28 (Effects on the power of a lien by mortgage.) 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 § 43-11-28 (2026).
Text
The effects on the power of a lien by mortgage such as is mentioned in § 43-11-27 are:
(1)That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and (2) That any subsequent estate created by the owner in the execution of the power becomes subject to the mortgage in the same manner as if in terms embraced therein.
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Legislative History
CivC 1877, § 347; CL 1887, § 2863; RCivC 1903, § 370; RC 1919, § 437; SDC 1939, § 59.0450.
Nearby Sections
15
§ 43-1-1
Property defined.§ 43-1-2
Classes of property.§ 43-1-4
Land as solid material of earth.§ 43-1-6
Law governing real property.§ 43-1-7
Law governing personal property.§ 43-10-13
Repealed§ 43-11-10
Power in trust defined.§ 43-11-11
General power in trust defined.§ 43-11-12
Special power in trust defined.§ 43-11-13
Capacity to create power.§ 43-11-14
Manner of creating power.§ 43-11-15
Vesting of power.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 43-11-28, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/43-11-28.