2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 45. Partition And Sale Of Real Estate
§21-45-45 Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance.


SD Codified L § 21-45-45 (through 2011) What's This?

21-45-45. Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance. If no exceptions be filed to the report of sale, and such fact is made to appear by the certificate of the clerk of courts in whose office the same is filed, and no higher or better bid is filed with said clerk, which likewise is made to appear by the certificates of said clerk, the report of sale may be presented to the court for confirmation and determined ex parte. And if the court shall find that the sale has, in all respects, been made in conformity to the law and the order of the court for the sale, an order shall be made confirming the sale and authorizing and directing the execution and delivery of a proper conveyance and the taking of any security authorized and directed to be taken.

Source: CCivP 1877, § 581; CL 1887, § 5395; RCCivP 1903, § 620; RC 1919, § 2831; SDC 1939, § 37.1437; SL 1943, ch 137, § 2; SL 1945, ch 161, § 1; SL 1947, ch 170.

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