43-34-9. Owner of material used without knowledge to form new product claiming interest in product--Demand for restitution or value of product.
In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, and quality, or the value thereof; or where he is entitled to the product, the value thereof, in place of the product.
Source: CivC 1877, §597; CL 1887, §3220; RCivC 1903, §913; RC 1919, §515; SDC 1939, §51.1206.