South Dakota Codified Laws
Chapter 02 - Limitation Of Actions Generally
Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable.

15-2-28. Mortgage presumed paid after fifteen years--Tolling provisions not applicable.
At the expiration of fifteen years from the date the cause of action accrues on any mortgage as provided in §15-2-5, such mortgage shall be conclusively presumed to have been paid and the mortgage and the record thereof shall cease to be notice of the mortgage as unpaid and the lien thereof shall then cease absolutely, and said period of fifteen years shall not be extended by nonresidence, legal disability, or partial payment.

Source: SDC 1939, §33.0234; SL 1949, ch 129, §1.

<< Previous
Next >>

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 15 - Civil Procedure

Chapter 02 - Limitation Of Actions Generally

Section 15-2-1 - Commencement of civil actions limited by prescribed periods--Manner of objecting to commencement.

Section 15-2-2 - Application of limitations to actions by or for state--Exceptions.

Section 15-2-3 - Cause of action based on fraud accruing on discovery or notice.

Section 15-2-4 - Accrual of cause of action on open account.

Section 15-2-5 - Accrual of cause of action for mortgage foreclosure.

Section 15-2-5.1 - Limitation of action to challenge validity on nonjudicial foreclosure of real property mortgage.

Section 15-2-6 - Actions on state judgments and sealed instruments.

Section 15-2-7 - Actions to foreclose real estate mortgages.

Section 15-2-8 - Judgment of federal or foreign court--Mentally ill person's support--Abstracter's bond--Relief not otherwise provided for.

Section 15-2-12.2 - Product liability actions--Prospective application.

Section 15-2-13 - Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument.

Section 15-2-14 - Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury.

Section 15-2-14.1 - Time for bringing medical malpractice actions--Counterclaims--Prospective application.

Section 15-2-14.2 - Time for bringing legal malpractice actions--Prospective application.

Section 15-2-14.3 - Time for bringing action against professional corporation--Corporate character and status unaffected.

Section 15-2-14.4 - Time for bringing action against licensed public accountant.

Section 15-2-14.5 - Time for bringing action against veterinarian--Counterclaims.

Section 15-2-14.6 - Time for bringing action against real estate licensees, agents, and employees--Prospective application.

Section 15-2-14.7 - Time for bringing action against firm of real estate broker, agent, or employee--Prospective application.

Section 15-2-14.8 - Time for bringing action against certain professional corporations and professional practitioners for acts or omissions occurring prior to January 1, 1980.

Section 15-2-15 - Actions for libel, slander, assault, battery, or false imprisonment--Actions for statutory forfeitures or penalties--Actions concerning wages.

Section 15-2-15.2 - Time for bringing action under federal civil rights statutes.

Section 15-2-16 - Limitation of actions for recovery of municipal funds unlawfully expended.

Section 15-2-17 - Actions for escape of prisoner arrested on civil process--Statutory forfeiture or penalty--Petty offense.

Section 15-2-18 - Actions on instruments circulated as money not limited by provisions.

Section 15-2-19 - Actions against bank directors, shareholders, agents, or employees.

Section 15-2-20 - Tolling of statute during absence of defendant from state--Real estate mortgage foreclosure actions excepted.

Section 15-2-21 - Running of statute against enemy alien during war.

Section 15-2-22 - Tolling of statute during disability--Maximum period of extension--Actions excepted.

Section 15-2-23 - Disability to have existed when right of action accrued.

Section 15-2-24 - Coexisting disabilities.

Section 15-2-25 - Tolling of statute during injunction or statutory prohibition.

Section 15-2-28 - Mortgage presumed paid after fifteen years--Tolling provisions not applicable.

Section 15-2-29 - Writing required for acknowledgment or promise to take case out of operation of chapter.

Section 15-2-30 - Commencement of action by service of summons--Summons on codefendant.

Section 15-2-31 - Attempted commencement of action by delivery of summons to sheriff--Publication or service following attempt.

Section 15-2-32 - New action after reversal of judgment on appeal.

Section 15-2-33 - Dismissal without prejudice subject to plaintiff's right to satisfy earlier judgment involving same parties.

Section 15-2-34 - Action for recovery of damages against regional airport authority--Commencement.

Section 15-2-35 - Action against real estate appraiser or employee for malpractice, error, mistake, or omission.

Section 15-2-36 - Actions for breach of trust against qualified persons.