South Dakota Statutes

§ 44-3-2 — Marshaling securities among lien holders--Several things within the same class and subject to same number of liens--Property to which resort may be had.

South Dakota § 44-3-2
JurisdictionSouth Dakota
Title 44LIENS
Ch. 44-3REDEMPTION, SATISFACTION, MARSHALING AND MERGER OF LIENS

This text of South Dakota § 44-3-2 (Marshaling securities among lien holders--Several things within the same class and subject to same number of liens--Property to which resort may be had.) 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 § 44-3-2 (2026).

Text

When several things are within one of the classes described by § 44-3-1 and subject to the same number of liens, resort must be had:

(1)To the things which had not been transferred since the prior lien was created;
(2)To the things which have been so transferred without a valuable consideration; and (3) To the things which have been so transferred for a valuable consideration.

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Legislative History

CivC 1877, § 1713, subdiv 4; CL 1887, § 4337, subdiv 4; RCivC 1903, § 2033, subdiv 4; RC 1919, § 1538 (4); SDC 1939, § 39.0114 (4).

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Bluebook (online)
South Dakota § 44-3-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/44-3-2.