21-45-39. Distribution by referees of proceeds of sale--Payment into court.
The proceeds of sale and the securities taken by the referees, or any part thereof, must be distributed by them to the persons entitled thereto, wherever the court so directs. But in case no direction be given, all of such proceeds and securities must be paid into court, or deposited therein, or as directed by the court.
Source: CCivP 1877, §569; CL 1887, §5383; RCCivP 1903, §608; RC 1919, §2819; SDC 1939 & Supp 1960, §37.1420.
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.