21-45-34. Purchase by cotenant or lien holder.
When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.
Source: CCivP 1877, §582; CL 1887, §5396; RCCivP 1903, §621; RC 1919, §2832; SDC 1939 & Supp 1960, §37.1435.
Structure South Dakota Codified Laws
Chapter 45 - Partition And Sale Of Real Estate
Section 21-45-1 - Property subject to partition or sale--Persons entitled to bring action.
Section 21-45-2 - Consent by conservator to partition without action.
Section 21-45-3 - Persons to whom summons directed--General direction to unknown persons.
Section 21-45-4 - Grantees and lien holders need not be joined unless claim recorded.
Section 21-45-5 - Service of summons--Description included when served by publication.
Section 21-45-7 - Lis pendens notice required--Constructive notice.
Section 21-45-10 - Validation of prior appearances by personal representatives.
Section 21-45-11 - Contents of answer.
Section 21-45-14 - Interest allowed on disbursements directed by court.
Section 21-45-15 - Order directing partition of property--Referees appointed.
Section 21-45-16 - Partition by original cotenancies--Further partition or cotenancy.
Section 21-45-17 - Partition according to respective rights of parties--Surveys and landmarks.
Section 21-45-18 - Road or street set aside before partition or sale.
Section 21-45-19 - Unequal division with compensatory payments between parties.
Section 21-45-20 - Report of referees on partition made.
Section 21-45-21 - Expenses and fees apportioned among parties.
Section 21-45-22 - Court action on referees' report--Appointment of new referees.
Section 21-45-23 - Judgment of partition--Persons bound by judgment.
Section 21-45-25 - Tenants for years not affected by judgment.
Section 21-45-26 - Judgment survives death of party.
Section 21-45-28 - Sale ordered when partition not practical--Appointment of referees.
Section 21-45-29 - Estate for life or years set off in part of property not sold.
Section 21-45-30 - Sale at public auction to highest bidder--Publication of notice of sale.
Section 21-45-33 - Referees and conservators disqualified from purchasing at sale.
Section 21-45-34 - Purchase by cotenant or lien holder.
Section 21-45-35 - Payment to guardian of proceeds of sale.
Section 21-45-36 - Undertaking required of conservator receiving proceeds of sale.
Section 21-45-38 - Separate securities taken in names of parties by referees.
Section 21-45-39 - Distribution by referees of proceeds of sale--Payment into court.
Section 21-45-40 - Clerk of courts to take and hold security and investment of proceeds.
Section 21-45-41 - Report of sale filed with clerk of courts--Contents.
Section 21-45-42 - Exceptions to return of sale--Order fixing time and place for hearing.
Section 21-45-43 - Higher and better bid filed before confirmation of sale.
Section 21-45-46 - Sale valid from time of confirmation--Recording of certified copy of order.
Section 21-45-48 - Recording of conveyance--Persons barred by recorded conveyance.
Section 21-45-49 - Disposition of proceeds directed by order confirming sale.
Section 21-45-51 - Application of proceeds of sale of encumbered property.
Section 21-45-52 - Lien holder required to resort to other secured property.
Section 21-45-54 - Compensation for future estate--Payment or investment of compensatory share.
Section 21-45-55 - Investment of proceeds of sale for unknown or nonresident owner.