South Dakota Codified Laws
Chapter 44 - Termination Of Life Estates
Section 21-44-24 - Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.

21-44-24. Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.
Any person interested who questions the fact of such death may at any time commence an action in the circuit court to set aside the judgment or order of the court and file for record in the office of such register of deeds, a notice subscribed and verified by him, giving the description of the real estate or personal property involved, and the basis and reasons as to his raising such question as to the fact of death, but no purchaser or encumbrancer of such real estate or personal property, or any part thereof, in good faith and for value, more than thirty days after the recording of the certified copy of the order or judgment shall be subject to any claim growing out of the rights of the life tenant.

Source: SDC 1939 & Supp 1960, ยง37.1208.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 21 - Judicial Remedies

Chapter 44 - Termination Of Life Estates

Section 21-44-1 - Definition of terms.

Section 21-44-2 - Recording death certificate--Prima facie evidence--Affidavit identifying property.

Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.

Section 21-44-4 - Joinder of proceedings as to two or more life tenants.

Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.

Section 21-44-6 - Life estates in personal property subject to termination--Joinder with proceedings as to real property.

Section 21-44-7 - Lis pendens notice required if property in another county affected.

Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.

Section 21-44-9 - Publication of notice of hearing--Mail notice to parties--Other notice ordered by court.

Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.

Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.

Section 21-44-13 - Procedure on contested petitions.

Section 21-44-14 - Inquiry and proof required on uncontested petition.

Section 21-44-15 - Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.

Section 21-44-16 - Statement or affidavit establishing death of person in military service.

Section 21-44-17 - Presumption of death after seven years' absence.

Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.

Section 21-44-19 - Judgment finding life tenant deceased and terminating life estate--Effect of judgment.

Section 21-44-20 - Validation of prior proceedings as to personal property.

Section 21-44-21 - Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.

Section 21-44-22 - Validation of prior proceedings where notice or allegations were insufficient.

Section 21-44-23 - Recording of judgment terminating estate--Prima facie evidence.

Section 21-44-24 - Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected.

Section 21-44-25 - Prospective and retrospective application of chapter.

Section 21-44-26 - Remedy not exclusive.

Section 21-44-27 - Spousal joint tenancy termination.