There is a newer version of the South Dakota Codified Laws
2012 South Dakota Codified Laws
Title 15 CIVIL PROCEDURE
Chapter 19. Execution Sales
§15-19-36 Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.
SD Codified L § 15-19-36 (through 2012) What's This?
15-19-36. Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution. When the proceeds are sufficient to discharge the entire judgment, including costs and disbursements, the officer or the person making the sale, or the clerk of the court, shall cancel the note or other evidence of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or other evidence shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidence, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidence, so endorsed, shall be attached to and made a part of the return on the execution, but the officer or person making such sale may retain the proceeds thereof until after the sale shall have been confirmed, as provided in § 15-19-22.
Source: SDC 1939 & Supp 1960, § 33.2016.
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