21-47-8. Dismissal of complaint on payment into court of installments then due.
Whenever an action shall be commenced for the foreclosure of a mortgage upon which there shall be due any interest or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant bringing into court at any time before entry of judgment the principal and interest due, with costs and disbursements.
Source: CCivP 1877, §626; CL 1887, §5440; RCCivP 1903, §666; RC 1919, §2906; SDC 1939 & Supp 1960, §37.2907.
Structure South Dakota Codified Laws
Chapter 47 - Actions To Foreclose Real Property Mortgages
Section 21-47-1 - Venue of foreclosure actions--Service outside county on nonresident defendant.
Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.
Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.
Section 21-47-6 - Proceedings at law not had while foreclosure action pending.
Section 21-47-7 - Injunction to restrain injury to property during existence of lien or foreclosure.
Section 21-47-8 - Dismissal of complaint on payment into court of installments then due.
Section 21-47-9 - Examination of premises on judgment for plaintiff.
Section 21-47-15 - Purchase by mortgagee at sale--Fair and reasonable bid required.
Section 21-47-17 - Foreclosure as complete satisfaction of debt--Exception.
Section 21-47-18 - Application of proceeds of sale--Investment of unclaimed surplus.
Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.
Section 21-47-21 - Certificate of sale issued to purchaser.
Section 21-47-23 - Redemption procedure.
Section 21-47-24.1 - Lien priority in crops determined by Uniform Commercial Code.
Section 21-47-25 - Prior foreclosure sales validated despite defects--Rights barred by no action.