There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 21 JUDICIAL REMEDIES
Chapter 45. Partition And Sale Of Real Estate
§21-45-52 Lien holder required to resort to other secured property.
SD Codified L § 21-45-52 (through 2011) What's This?
21-45-52. Lien holder required to resort to other secured property. Whenever any party to an action who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such security to be exhausted before distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.
Source: CCivP 1877, § 568; CL 1887, § 5382; RCCivP 1903, § 607; RC 1919, § 2818; SDC 1939 & Supp 1960, § 37.1419.
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