Title 21 — JUDICIAL REMEDIES
76 chapters · 1,083 sections in this title.
SDCL § 21-23-1 Scope of chapter
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This chapter is intended to cover, and provide uniform procedure in all proceedings to sell property in court trusts, receiverships, and any other cases where property is in the custody of an officer of the court and no specific provisions of law exist prescribing judicial proced…
SDCL § 21-23-10 Bond required of applicant to sell property
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Whenever, in the opinion of the court to whom an application to sell property under the provisions of this chapter is addressed, the bond of the person applying is inadequate fully to protect the rights of all persons beneficially interested in such property, the court may, in th…
SDCL § 21-23-11 Cash sale at public auction--Terms and security when deferred payments permitted
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Unless for good cause the court orders otherwise, all sales of property shall be at public auction for cash. If any portion of the purchase price is to be upon deferred payments, the order of the court shall require adequate security and shall fix the time within which payments a…
SDCL § 21-23-12 Report of sale to court for confirmation--Contents of report
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All sales shall be reported to the court for confirmation. Such reports shall be in writing, shall specify when the property was sold, the name of the purchaser, the terms of sale, if the sale was other than for cash, the amount bid for each item of property, the expense of sale;…
SDCL § 21-23-13 Report for confirmation of sale authorized by trust instrument
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Whenever a trustee is duly empowered by the instrument which creates the trust, or otherwise, to make a sale of any property which is a part of the trust estate, whether real or personal, he shall not be required to obtain any authorization of the court as a prerequisite to such …
SDCL § 21-23-14 Examination of report of sale--Order and notice for formal hearing
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On receiving a report of sale the court shall determine on an inspection of the same and of the files of the case or proceeding, whether a hearing on said report is necessary for the protection of the rights of persons beneficially interested in the property sold. Ordinarily such…
SDCL § 21-23-15 Consideration of new offers on hearing to confirm sale--Confirmation and conveyance of property
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On the hearing to confirm sale the court shall consider any new offers which exceed the offer set forth in the report of sale by at least five percent, and shall likewise consider any other offers made at the time of the hearing, and shall confirm the sale and direct the transfer…
SDCL § 21-23-2 Application by court officer or trustee for sale of property
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Any court officer or trustee who has in his possession or custody real or personal property and who deems it necessary or desirable and in the interest of the persons entitled to receive such property or beneficially interested therein, may apply to the court having jurisdiction …
SDCL § 21-23-3 Application for sale verified--Contents
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The application for leave to sell shall be verified and shall state the following particulars: (1) The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof; (2) The name of the receiver or other officer having custody of the property, with…
SDCL § 21-23-4 Perishable property ordered sold without hearing--Report of sale
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Perishable property in the hands of such court officer may be ordered sold on his application, without hearing thereon. A written report of such sale containing the matters required in § 21-23-12 shall be submitted to the court. Source: Supreme Court Order No. 2 (9) adopted Octob…
SDCL § 21-23-5 Time and place of hearing on application to sell property
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On the filing of an application for sale, except as provided by § 21-23-4 , the court shall by order fix a time and place for hearing such application. The place shall be that most convenient for the persons interested in the property, and the time such as to permit adequate noti…
SDCL § 21-23-6 Notice to parties of hearing on application--Manner of service prescribed by court
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The court to which the application for leave to sell property is addressed shall direct such notice to be given as will reasonably notify and inform the interested parties that an application to sell the property is pending. Ordinarily, such notice should be by the service on the…
SDCL § 21-23-7 Order for appraisal of property
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If, in the opinion of the court, it is necessary in order to inform the court fully in the matter or to safeguard the rights of interested parties, the court may order an appraisal of such property to be made and filed before the hearing on the application to sell, and prescribe …
SDCL § 21-23-8 Court order after hearing on application to sell
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On hearing the application to sell, the court may make such order as in the discretion of the court will best protect the rights of all persons interested in the property. Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.
SDCL § 21-23-9 Time and notice of sale--Order in which items offered--Upset price
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If a sale be ordered the court shall fix the time of sale, prescribe the notice thereof to be given, and in appropriate cases may direct the order in which the several items of property shall be offered for sale, and may fix an upset price upon any or all of the property. Source:…