21-41-13. Disclaimer by defendant to avoid costs.
If the defendant in an action to determine adverse claims disclaim in his answer any interest or estate in the property or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs except as provided in §21-41-3.
Source: CCivP 1877, §636; CL 1887, §5450; RCCivP 1903, §676; RC 1919, §2866; SDC 1939 & Supp 1960, §37.1523.
Structure South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
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 21-41-11 - Contents of complaint.
Section 21-41-13 - Disclaimer by defendant to avoid costs.
Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.
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 21-41-24 - Bond required to indemnify against defenses permitted after judgment.