2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 45. Partition And Sale Of Real Estate
§21-45-51 Application of proceeds of sale of encumbered property.
21-45-51. Application of proceeds of sale of encumbered property. The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:
(1) To pay its just proportion of the general costs of the action;
(2) To pay the costs of the reference;
(3) To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;
(4) The residue among the owners of the property sold, according to their respective shares therein.
Source: CCivP 1877, § 567; CL 1887, § 5381; RCCivP 1903, § 606; RC 1919, § 2817; SDC 1939 & Supp 1960, § 37.1418.
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