2015 South Dakota Codified Laws
Title 43 - PROPERTY
Chapter 11 - Real Property Powers
§ 43-11-28 Effects on the power of a lien by mortgage.
43-11-28. Effects on the power of a lien by mortgage.
The Effects on the power of a lien by mortgage.
such as is mentioned in § 43-11-27 are:
(1) That the mortgagee is entitled to an execution of the power, so far as the satisfaction of his lien may require it; and
(2) That any subsequent estate created by the owner in the execution of the power becomes subject to the mortgage in the same manner as if in terms embraced therein.
Source: CivC 1877, § 347; CL 1887, § 2863; RCivC 1903, § 370; RC 1919, § 437; SDC 1939, § 59.0450.
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