South Dakota Codified Laws
Chapter 41 - Actions To Quiet Title To Real Property
Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.

21-41-18. Jurisdiction of court to determine rights in decedents' estates.
The court shall have jurisdiction in such action to determine who are the heirs at law, devisees, and legatees of any deceased person who had in his lifetime any interest in or lien or encumbrance on the premises involved between themselves, as well as with respect to the rights of the plaintiff, and to make an adjudication upon the rights of such heirs, devisees and legatees and of all creditors of such deceased persons in and to such premises, which shall be valid and binding upon them and upon all the world, and if such heirs at law, devisees, and legatees of such deceased person and the creditors of such deceased person and the unknown defendants in said action, or any of them, shall fail to appear in such action and set forth and assert their interest in or claim to the premises involved, they shall be by the judgment and decree of the court forever barred and enjoined from thereafter claiming or asserting any title or interest in or lien or encumbrance upon or claim to the premises involved in the action.

Source: SL 1903, ch 194, §4; SL 1905, ch 81; RC 1919, §2849; SDC 1939 & Supp 1960, §37.1508.

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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.

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.