21-42-19. Relief from default judgment.
The court may, in its discretion and upon such terms as may be just, at any time within one year after the entry of judgment, relieve a defendant in such action, served by publication of the summons, from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow such party to defend the action, but the defense, if successful, shall not affect the title of the plaintiff, or his successors in interest to, or valid encumbrancers of, said premises.
Source: SL 1941, ch 161, §8; SL 1943, ch 140; SDC Supp 1960, §37.16A08.
Structure South Dakota Codified Laws
Chapter 42 - Actions To Quiet Tax Title
Section 21-42-1 - Tax purchasers entitled to bring action--Purpose of action.
Section 21-42-2 - Time of bringing action.
Section 21-42-3 - Delinquent taxes paid before action brought.
Section 21-42-5 - Joinder of different tracts in same action--Joinder of parties defendant.
Section 21-42-6 - Contents of complaint.
Section 21-42-7 - Procedural rules not exclusive of other procedures to perfect tax title.
Section 21-42-9 - Lis pendens notice recorded by register of deeds--Destruction of records.
Section 21-42-11 - Appearance by defendant--Defenses permitted.
Section 21-42-12 - Venue of action.
Section 21-42-14 - Findings of fact and conclusions of law.
Section 21-42-16 - Contents of judgment--Direction to issue deed--Costs.
Section 21-42-17 - Tax deed issued by treasurer--Form--Acknowledgment.
Section 21-42-18 - Estate vested in grantee by deed.
Section 21-42-19 - Relief from default judgment.
Section 21-42-20 - Bond not required of county--Liability on successful defense after judgment.
Section 21-42-21 - Employment of additional counsel to assist state's attorney.