54-8-3. Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
A creditor can avoid the act or obligation of his debtor for fraud, only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation.
Source: CivC 1877, §2025; CL 1887, §4658; RCivC 1903, §2370; RC 1919, §2043; SDC 1939, §23.0107.
Structure South Dakota Codified Laws
Title 54 - Debtor and Creditor
Chapter 08 - Acts In Fraud Of Creditors
Section 54-8-1 - Transfer with intent to delay or defraud creditors void.
Section 54-8-3 - Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
Section 54-8-4 - Fraudulent intent--Question of fact--Inadequacy of consideration.
Section 54-8-21 - Assignment or transfer of property to preferred creditors as felony--Exception.
Section 54-8-22 - Party to transfer or assignment of property to defraud creditors guilty of felony.
Section 54-8-23 - Fraud in bankruptcy proceedings--Misdemeanor.