South Dakota Codified Laws
Chapter 15 - Claim And Delivery Of Personal Property
Section 21-15-15 - Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.

21-15-15. Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.
If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking or deposit, in amount and sufficiency as required in the original affidavit for the delivery. No claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless made as aforesaid; and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.

Source: CCivP 1877, §186; CL 1887, §4982; RCCivP 1903, §194; RC 1919, §2421; SDC 1939 & Supp 1960, §37.3805.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 15 - Claim And Delivery Of Personal Property

Section 21-15-1 - Claim of immediate delivery permitted in action for possession of personal property--Time of claim.

Section 21-15-2 - Contents of plaintiff's affidavit.

Section 21-15-3 - Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing.

Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.

Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.

Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.