54-8-4. Fraudulent intent--Question of fact--Inadequacy of consideration.
In all cases under the provisions of this chapter, except as otherwise provided in §54-8-2, and except as provided in §§43-25-32 to 43-25-36, inclusive, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
Source: CivC 1877, §2026; CL 1887, §4659; RCivC 1903, §2371; RC 1919, §2044; SDC 1939, §23.0108.
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.