21-23-3. Application for sale verified--Contents.
The application for leave to sell shall be verified and shall state the following particulars:
(1)The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof;
(2)The name of the receiver or other officer having custody of the property, with reference to the court order or decree giving him possession and custody thereof;
(3)The name of the persons beneficially interested in such property and the nature of their interests so far as known to the applicant; whenever there has been filed in the trust or proceeding a list of the names of the persons beneficially interested, the petitioner may refer to such list and by reference incorporate it in the petition without setting out therein the names of all persons beneficially interested;
(4)A description of the property as to which sale is desired;
(5)A statement of its value, and whether an appraisal thereof has been made by order of court and the date of such appraisal, if any;
(6)The reason why a sale is desired or necessary.
Source: Supreme Court Order No. 2 (3) adopted October 12, 1944; SDC Supp 1960, ยง33.26A03.
Structure South Dakota Codified Laws
Section 21-23-1 - Scope of chapter.
Section 21-23-2 - Application by court officer or trustee for sale of property.
Section 21-23-3 - Application for sale verified--Contents.
Section 21-23-4 - Perishable property ordered sold without hearing--Report of sale.
Section 21-23-5 - Time and place of hearing on application to sell property.
Section 21-23-7 - Order for appraisal of property.
Section 21-23-8 - Court order after hearing on application to sell.
Section 21-23-9 - Time and notice of sale--Order in which items offered--Upset price.
Section 21-23-10 - Bond required of applicant to sell property.
Section 21-23-11 - Cash sale at public auction--Terms and security when deferred payments permitted.
Section 21-23-12 - Report of sale to court for confirmation--Contents of report.
Section 21-23-13 - Report for confirmation of sale authorized by trust instrument.
Section 21-23-14 - Examination of report of sale--Order and notice for formal hearing.