21-41-24. Bond required to indemnify against defenses permitted after judgment.
Before the entry of judgment in such action, the plaintiff must execute a bond of indemnity to the defendants in the action who shall be served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct, conditioned that if any defendant shall be permitted to defend after judgment, as provided in §21-41-25, and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action. Provided, however, that personal service of the summons and complaint outside of this state, in the manner provided by the laws of this state, shall, for the purposes of this section, be deemed personal service and not service by publication.
Source: SL 1903, ch 194, §9; SL 1905, ch 81; RC 1919, §2855; SDC 1939, §37.1514; SL 1943, ch 138.
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.