There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 14. Actions For Recovery Of Property
§21-14-4 Plaintiff's right to recover real property terminated while action pending--Damages for withholding.
SD Codified L § 21-14-4 (through 2011) What's This?
21-14-4. Plaintiff's right to recover real property terminated while action pending--Damages for withholding. In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.
Source: CCivP 1877, § 640; CL 1887, § 5454; RCCivP 1903, § 680; RC 1919, § 2856; SDC 1939 & Supp 1960, § 37.1515.
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