South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-11 - Contents of complaint.

21-41-11. Contents of complaint.
In an action brought pursuant to 21-41-1 it shall be necessary for the plaintiff to state in his complaint in general terms only that he has or claims title in fee to the property, or a lien upon or interest therein as the case may be, which property must be described with sufficient certainty to enable an officer on execution to identify it; that the defendants are proper parties under the provisions of this chapter, and that the action is brought for the purpose of determining all adverse claims to such property and of quieting title thereto in the plaintiff, or of determining the liens or interest of all parties in and to such property, as the case may be. The plaintiff may also allege that he is entitled to the possession of the property and may allege any facts concerning the use and occupation and the rents, issues, and profits of the property and the value thereof which may be pertinent. The complaint shall also contain a prayer for the relief to which the plaintiff deems himself entitled, and shall call upon the defendants to set forth all their adverse claims to the property described.

Source: SL 1903, ch 194, §3; SL 1905, ch 81; RC 1919, §2848; Supreme Court Rule 581, 1939; SDC 1939 & Supp 1960, §37.1507.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 41 - Actions To Quiet Title To Real Property

Section 21-41-1 - Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant.

Section 21-41-2 - Joinder of causes of action as to different tracts or parcels--Common interest required.

Section 21-41-3 - Request before action for quitclaim deed--Expense tendered--Costs and attorney fee taxed if plaintiff successful in action.

Section 21-41-4 - Joinder of parties plaintiff.

Section 21-41-5 - Joinder of known claimants as defendants.

Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.

Section 21-41-7 - Filing of complaint and summons--Form for summons.

Section 21-41-8 - Service of summons on named defendants.

Section 21-41-9 - Service by publication on unknown defendants--Mail service not required--Effect of service by publication.

Section 21-41-10 - Validation of prior judgments based on personal service outside state--Rights barred by no action.

Section 21-41-11 - Contents of complaint.

Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records.

Section 21-41-13 - Disclaimer by defendant to avoid costs.

Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.

Section 21-41-15 - Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.

Section 21-41-16 - Judgment on counterclaim for improvements--Payment for land on default by plaintiff.

Section 21-41-17 - Enforcement against property of claim against deceased defendant.

Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.

Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.

Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.

Section 21-41-23 - Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant.

Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.