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South Dakota Statutes, Title 44

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Title 44, LIENS

16 chapters · 212 sections in this title.

All chapters in Title 44212 Ch 9, MECHANICS' AND MATERIALMEN'S LIENS54 Ch 8, REAL ESTATE MORTGAGES40 Ch 1, DEFINITIONS AND GENERAL PROVISIONS13 Ch 11, OCCUPATIONAL AND COMMERCIAL LIENS ON…13 Ch 10, PLEDGES OF PERSONAL PROPERTY11 Ch 7, FEDERAL TAX LIEN REGISTRATION10 Ch 12, HOSPITAL LIENS10 Ch 14, SELF-SERVICE STORAGE FACILITIES LIENS10 Ch 2, RECORDING, NOTICE AND PRIORITY OF LIENS9 Ch 3, REDEMPTION, SATISFACTION, MARSHALING…8 Ch 4, RELEASE OF LIENS BY UNDERTAKING8 Ch 15, MANUFACTURER'S LIEN7 Ch 5, EXTINGUISHMENT OF LIENS5 Ch 6, VENDOR'S AND VENDEE'S LIENS5

11 sections·Filtered byTitle 44✕Ch 10✕

SDCL § 44-10-1 Pledge defined
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Pledge is a deposit of personal property or a contract transferring possession of such as security for an obligation. Source: CivC 1877, §§ 1757, 1758; CL 1887, §§ 4392, 4393; RCivC 1903, §§ 2104, 2105; RC 1919, §§ 1605, 1606; SDC 1939, § 39.0501.
SDCL § 44-10-10 Pledgee's sale of securities--Evidences of debt--Exception
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A pledgee cannot sell any evidences of debt pledged to him except the obligations of governments, states, or their subdivisions and public and private corporations; but he may collect the same when due. Source: CivC 1877, § 1777; CL 1887, § 4412; RCivC 1903, § 2124; RC 1919, § 16…
SDCL § 44-10-11 Debtor's misrepresentation of value of pledge
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Where a debtor has obtained credit or an extension of time by a fraudulent representation of the value of the property pledged by or for him, the creditor may demand a further pledge to correspond with the value represented; and in default thereof may foreclose the pledge and rec…
SDCL § 44-10-2 Lien of pledge dependent on possession--Delivery essential to valid pledge
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The lien of a pledge is dependent on possession, and no pledge is valid until the property pledged is delivered to the pledgee or to a pledge holder. Source: CivC 1877, § 1759; CL 1887, § 4394; RCivC 1903, § 2106; RC 1919, § 1607; SDC 1939, § 39.0502.

SDCL § 44-10-3 Real owner cannot defeat pledge of property transferred to apparent owner for the purpose of pledge

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One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it cannot set up his own title to defeat a pledge of the property made by the other to a pledgee who received the property in good faith in the ordinary course of bu…

SDCL § 44-10-4 Lienor may pledge property to the extent of his lien

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One who has a lien on property may pledge it to the extent of his lien. Source: CivC 1877, § 1761; CL 1887, § 4396; RCivC 1903, § 2108; RC 1919, § 1609; SDC 1939, § 39.0504.

SDCL § 44-10-5 Pledge as security for obligation of another--Rights of pledgor, exception--Consideration for pledge received from debtor cannot be withdrawn without consent

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Property may be pledged as security for the obligation of a person other than the owner and in so doing the owner has all the rights of a pledgor for himself except that he cannot withdraw the property otherwise than as a pledgor for himself might; and if he receives from the deb…

SDCL § 44-10-6 Pledge holder--Selection--Duties

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A pledgor and pledgee may agree upon a third person with whom to deposit the property pledged who, if he accepts, becomes a pledge holder. He must enforce all of the rights of the pledgee unless authorized by him to waive them. Source: CivC 1877, §§ 1764, 1767; CL 1887, §§ 4399, …

SDCL § 44-10-7 Obligations of pledge holder--Exoneration from undertaking

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A pledge holder for reward cannot exonerate himself from his undertaking; and a gratuitous pledge holder can do so only by giving reasonable notice to the pledgor and pledgee to appoint a new pledge holder, and in case of their failure to agree, by depositing the property pledged…

SDCL § 44-10-8 Obligations of pledgee and pledge holder--Assumption of duties and liabilities of depository

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A pledgee or pledge holder for reward assumes the duties and liabilities of a depository for reward. A gratuitous pledge holder assumes the duties and liabilities of a gratuitous depository. Source: CivC 1877, §§ 1768, 1769; CL 1887, §§ 4403, 4404; RCivC 1903, §§ 2115, 2116; RC 1…

SDCL § 44-10-9 Increase of property pledged--Covered by pledge lien

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The increase of property pledged is pledged with the property. Source: CivC 1877, § 1760; CL 1887, § 4395; RCivC 1903, § 2107; RC 1919, § 1608; SDC 1939, § 39.0503.