21-52-8. Action to redeem separate tract sold in combined sale--Determination of amount required for redemption.
When the property sold on foreclosure of a mortgage, or upon general or special execution, consists of two or more separate farms, tracts, lots, or parcels of land, which at the time of sale are owned by two or more separate owners, or are subject to separate liens, giving to any person the right to redeem a separate property from the sale, and the property has not been sold separately, either under the provisions of §21-48-12, or otherwise, any person having the right to redeem one or more of the tracts so sold, but less than the whole property sold, may bring an action in the circuit court of the county wherein the lands he seeks to redeem, or a portion of them, are situated, to have a determination of the amount properly to be paid by him to redeem the properties as to which he claims the right of redemption. Such action must be commenced within six months after the date of the sale of the property. In such action there shall be named as defendants the holder of the certificate of sale, the officer making the sale, and the record owners of all the tracts sold at such foreclosure or execution sale.
Source: SL 1949, ch 142, §15; SDC Supp 1960, §37.5615.
Structure South Dakota Codified Laws
Chapter 52 - Redemption From Sale On Execution Or Foreclosure
Section 21-52-1 - Redemption defined--Sales subject to redemption.
Section 21-52-3 - Estates subject to redemption.
Section 21-52-4 - Foreclosure and execution sales subject to redemption.
Section 21-52-5 - Persons entitled to redeem.
Section 21-52-6 - Distinction between redemptioners abolished.
Section 21-52-9 - Redemptioner to redeem entire property.
Section 21-52-14 - Amounts required for redemption from sale--Superior lien of purchaser included.
Section 21-52-17 - Proof of interest not required of party of record.
Section 21-52-18 - Proof of interest required of successor in interest.
Section 21-52-19 - Successive redemptions by junior lien holders.
Section 21-52-20 - Amounts payable to junior lien holders.
Section 21-52-21 - Amounts payable on partial redemptions.
Section 21-52-22 - Successive extensions of time on successive redemptions.
Section 21-52-23 - Time allowed for exercise of owner's final right of redemption.
Section 21-52-24 - Effect of sale terminated on final redemption by owner.
Section 21-52-26 - Certificate of final redemption.
Section 21-52-27 - Recording of certificates of redemption.
Section 21-52-28 - Redemption by cotenant--Other cotenants obligated to contribute.
Section 21-52-31 - Delivery and recording of certificate to cotenant making contribution.
Section 21-52-32 - Restoration of estate to cotenant making contribution.