2019 South Dakota Codified Laws
Title 21 - Judicial Remedies
Chapter 47 - Actions To Foreclose Real Property Mortgages
§ 21-47-14 Officer by whom sale made--Place and notice of sale--Levy on execution not required.
21-47-14. Officer by whom sale made--Place and notice of sale--Levy on execution not required. All sales of mortgaged premises under an order and decree of foreclosure must be made by a referee, sheriff, or his deputy, of the county where the court in which the judgment is rendered is held, or other person appointed by the court for that purpose, and must be made in the county where the premises, or some part of them, are situated, and shall be made upon like notice and in the same manner as provided by law for the sale of real property upon execution. No levy on mortgaged real estate under the execution, however, shall be required and the officer may proceed to advertise and sell it upon receipt of the execution without further proceedings.
Source: CCivP 1877, § 622; CL 1887, § 5436; RCCivP 1903, § 661; RC 1919, § 2903; Supreme Court Rule 592, 1939; SDC 1939 & Supp 1960, § 37.2912.
