South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-17 - Enforcement against property of claim against deceased defendant.

21-41-17. Enforcement against property of claim against deceased defendant.
Any creditor of any deceased person, made a party defendant to an action brought pursuant to §21-41-1, may set forth in his answer, his claim against such decedent, and if the amount and validity of such claim be established upon the trial and it be also established that the estate of said decedent has never been administered and that the premises involved in the action are subject to the payment of such claim, such claimant may have judgment in the action for the amount of his claim and taxable costs against the premises involved in the action, and unless the same shall be paid by the plaintiff or some other party to the action having the right to pay the same within such time as shall be prescribed by the judgment of the court, said premises may be sold to pay the same, upon the notice and in the manner provided by law for sales of real property on execution.

Source: SL 1903, ch 194, §8; SL 1905, ch 81; RC 1919, §2854; SDC 1939 & Supp 1960, §37.1506.

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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.