South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.

21-41-14. Contents of defendant's answer--Counterclaim permitted.
The defendant in his answer must set forth fully and particularly the origin, nature, and extent of his claim to the property; and may set forth his rights in the property as a counterclaim and demand affirmative relief.

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.