Title 43 — PROPERTY

If neither part can be considered the principal within the rule prescribed by § 43-34-3 , the more valuable, or if the values are nearly equal, the more considerable in bulk, is to be deemed the principal part. Source: CivC 1877, § 592; CL 1887, § 3215; RCivC 1903, § 908; RC 1919…

When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such a way that they cannot be separated without inconvenience, the thing formed is common to …

When a thing has been formed by the admixture of several materials of different owners and neither can be considered the principal substance, an owner, without whose consent the admixture was made, may require a separation, if the materials can be separated without inconvenience.…

If one makes a thing from materials belonging to another, the latter may claim the thing on reimbursing the value of the workmanship unless the value of the workmanship exceeds the value of the materials, in which case the thing belongs to the maker on reimbursing the value of th…

Sections 43-34-2 to 43-34-7 , inclusive, are not applicable to cases in which one willfully uses the materials of another without his consent; but, in such cases, the product belongs to the owner of the material, if its identity can be traced. Source: CivC 1877, § 596; CL 1887, §…

In all cases where one whose material has been used without his knowledge, in order to form a product of a different description, can claim an interest in such product, he has an option to demand either restitution of his material in kind, in the same quantity, weight, measure, a…

The transfer of title to personal property by sale or exchange is regulated by Titles 53 and 57A, except as otherwise specifically provided in this title. Source: SDC 1939, § 51.1501.

An interest in a ship, or in an existing trust, can be transferred only by operation of law, or by a written instrument, subscribed by the person making the transfer, or by his agent. Source: CivC 1877, § 634; CL 1887, § 3255; RCivC 1903, § 948; RC 1919, § 556; SDC 1939, § 51.150…

The title to personal property, sold or exchanged, passes to the buyer whenever the parties agree upon a present transfer, and the thing itself is identified, whether it is separated from other things or not, except as may be otherwise provided in chapter 57A-2 . Source: CivC 187…

Title is transferred by an executory agreement for the sale or exchange of personal property, only when the buyer has accepted the thing, or when the seller has completed it, prepared it for delivery, and offered it to the buyer, with intent to transfer the title thereto, in mann…

Where the possession of personal property, together with a power to dispose thereof, is transferred by its owner to another person, an executed sale by the latter, while in possession, to a buyer in good faith and in the ordinary course of business, for value, transfers to such b…

The good will of a business is the expectation of continued public patronage, but it does not include a right to use the name of any person from whom it was acquired. The good will of a business is property, transferable like any other. Source: CivC 1877, §§ 577, 578; CL 1887, §§…

A gift is a transfer of personal property, made voluntarily and without consideration. Source: CivC 1877, § 639; CL 1887, § 3260; RCivC 1903, § 953; RC 1919, § 561; SDC 1939, § 51.1506.

A verbal gift is not valid, unless the means of obtaining possession and control of the thing are given; nor, if it is capable of delivery, unless there is an actual or symbolical delivery of the thing to the donee. Source: CivC 1877, § 640; CL 1887, § 3261; RCivC 1903, § 954; RC…

A gift, other than a gift in view of death, cannot be revoked by the giver. Source: CivC 1877, § 641; CL 1887, § 3262; RCivC 1903, § 955; RC 1919, § 563; SDC 1939, § 51.1508.

A gift in view of death is one which is made in contemplation, fear, or peril of death, and with intent that it shall take effect only in case of the death of the giver. Source: CivC 1877, § 642; CL 1887, § 3263; RCivC 1903, § 956; RC 1919, § 564; SDC 1939, § 51.1509.

A gift made during the last illness of the giver, or under circumstances which would naturally impress him with an expectation of speedy death, is presumed to be a gift in view of death. Source: CivC 1877, § 643; CL 1887, § 3264; RCivC 1903, § 957; RC 1919, § 565; SDC 1939, § 51.…

A gift in view of death may be revoked by the giver at any time, and is revoked by his recovery from the illness, or escape from the peril, under the presence of which it was made, or by the occurrence of any event which would operate as a revocation of a will made at the same ti…

A gift in view of death is not affected by a previous will; nor by a subsequent will, unless it expresses an intention to revoke the gift. Source: CivC 1877, § 645; CL 1887, § 3266; RCivC 1903, § 959; RC 1919, § 567; SDC 1939, § 51.1511.

A gift in view of death must be treated as a legacy, so far as it relates only to the creditors of the giver. Source: CivC 1877, § 646; CL 1887, § 3267; RCivC 1903, § 960; RC 1919, § 568; SDC 1939, § 51.1512.

A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Money in specie may be loaned for use. Source: CivC 1877, §§ 1074,…

A lender for exchange cannot require the borrower to fulfill his obligations at a time, or in a manner, different from that which was originally agreed upon. Source: CivC 1877, § 1090; CL 1887, § 3713; RCivC 1903, § 1409; RC 1919, § 1032; SDC 1939, § 38.0205.

The borrower of a thing for use, or for exchange, must bear all its expenses during the loan, except such as are necessarily incurred by him to preserve it from unexpected and unusual injury. For such expense he is entitled to compensation from the lender, who may, however, exone…

If a thing is lent for use or for exchange for a specified time or purpose, it must be returned to the lender without demand, as soon as the time has expired or the purpose has been accomplished. In other cases it need not be returned until demanded. Source: CivC 1877, §§ 1085, 1…

The borrower of a thing for use or for exchange must return it to the lender, at the place contemplated by the parties at the time of lending; or if no particular place was so contemplated by them, then at the place where it was at that time. Source: CivC 1877, §§ 1085, 1086, 109…

If the borrower agrees to return at a future time a similar thing instead of the identical thing borrowed, the loan is a loan for exchange. Source: CivC 1877, § 1087; CL 1887, § 3710; RCivC 1903, § 1406; RC 1919, § 1029; SDC 1939, § 38.0201.

A loan which the lender permits the borrower at his option to treat as a loan for use or for exchange, is subject to all the provisions of this chapter relating to loans for exchange. Source: CivC 1877, § 1088; CL 1887, § 3711; RCivC 1903, § 1407; RC 1919, § 1030; SDC 1939, § 38.…

A loan for use does not transfer the title to the thing; and all its increase during the period of the loan belongs to the lender. Source: CivC 1877, § 1075; CL 1887, § 3699; RCivC 1903, § 1395; RC 1919, § 1018; SDC 1939, § 38.0202.

The borrower of a thing for use may use it for such purposes only as the lender might reasonably anticipate at the time of lending. Source: CivC 1877, § 1080; CL 1887, § 3704; RCivC 1903, § 1400; RC 1919, § 1023; SDC 1939, § 38.0207.

A borrower for use must use great care to preserve the thing lent in safety and good condition. If it is a living animal he must treat it kindly and provide all things necessary and suitable for it. He is bound to have and exercise such skill in the care of the thing lent as he c…

The borrower of a thing for use must not part with it to a third person without the consent of the lender. Source: CivC 1877, § 1081; CL 1887, § 3705; RCivC 1903, § 1401; RC 1919, § 1024; SDC 1939, § 38.0208.

The lender of a thing for use may require the return thereof at any time, even though he lent it for a specified time or purpose, unless on the faith of the loan agreement the borrower has made such arrangements that a return of the thing before the time agreed upon or before the…

A loan for exchange transfers title to the thing and the borrower is entitled to all its increase during the loan period. Source: CivC 1877, § 1089; CL 1887, § 3712; RCivC 1903, § 1408; RC 1919, § 1031; SDC 1939, § 38.0202.

A deposit may be voluntary or involuntary, and for safekeeping or for exchange. Deposits are defined and classified as provided by §§ 43-39-2 to 43-39-7 , inclusive. Source: CivC 1877, § 1033; CL 1887, § 3657; RCivC 1903, § 1352; RC 1919, § 969; SDC 1939, § 60.0101.

A depository for hire must use at least ordinary care for the preservation of the the thing deposited. Source: CivC 1877, § 1058; CL 1887, § 3682; RCivC 1903, § 1377; RC 1919, § 994; SDC 1939, § 60.0102 (17).

A gratuitous depository must use at least slight care for the preservation of the thing deposited. Source: CivC 1877, § 1055; CL 1887, § 3679; RCivC 1903, § 1374; RC 1919, § 991; SDC 1939, § 60.0102 (15).

A depository of living animals must provide them with suitable food and shelter and treat them kindly. Source: CivC 1877, § 1046; CL 1887, § 3670; RCivC 1903, § 1365; RC 1919, § 982; SDC 1939, § 60.0102 (8).

Any animal placed in the custody of a licensed veterinarian for treatment, boarding, or other care, which remains unclaimed by its owner or owner's agent for a period of more than ten days after written notice by registered or certified mail, return receipt requested, is given th…

A depository may not use the thing deposited, or permit it to be used, for any purpose, without the consent of the depositor. He may not, if it is purposely fastened by the depositor, open it without the consent of the latter, except in case of necessity. Source: CivC 1877, § 104…

A depository is liable for any damage happening to the thing deposited during his wrongful use thereof, unless such damage must inevitably have happened, though the property has not been thus used. Source: CivC 1877, § 1048; CL 1887, § 3672; RCivC 1903, § 1367; RC 1919, § 984; SD…

If a thing deposited is in actual danger of perishing before instructions can be obtained from the depositor, the depository may sell it for the best price obtainable, and retain the proceeds as a deposit, giving immediate notice of his proceedings to the depositor. Source: CivC …

So far as any service is rendered by a depository, or required from him, his duties and liabilities are prescribed by chapters 60-1 to 60-4 , inclusive. Source: CivC 1877, § 1051; CL 1887, § 3675; RCivC 1903, § 1370; RC 1919, § 987; SDC 1939, § 60.0102 (13).

The liability of a depository for negligence cannot exceed the amount which he is informed by the depositor, or has reason to suppose, the thing deposited to be worth. Source: CivC 1877, § 1052; CL 1887, § 3676; RCivC 1903, § 1371; RC 1919, § 988; SDC 1939, § 60.0102 (14).

If a thing is lost or injured during its deposit, and the depository refuses to inform the depositor of the circumstances under which the loss or injury occurred, so far as he has information concerning them, or willfully misrepresents the circumstances to him, the depository is …

A depository, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if, within a reasonable time afterward he does not claim it, and sufficiently establish his right thereto, and indemnify the depository a…

A voluntary deposit is made by one giving to another, with his consent, the possession of personal property to keep for the benefit of the former, or of a third party. The person giving is called the depositor, and the person receiving, the depository. Source: CivC 1877, § 1034; …

A depository must give prompt notice to the person for whose benefit the deposit was made, of any proceedings taken adversely to his interest in the thing deposited which may tend to excuse the depository from delivering the thing to him. Source: CivC 1877, § 1042; CL 1887, § 366…

A depository is not bound to deliver a thing deposited without demand, even where the deposit is made for a specified time. Source: CivC 1877, § 1040; CL 1887, § 3664; RCivC 1903, § 1359; RC 1919, § 976; SDC 1939, § 60.0102 (2).

A depository must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or…

A depository must deliver the thing deposited at his residence or place of business, as may be most convenient for him. Source: CivC 1877, § 1041; CL 1887, § 3665; RCivC 1903, § 1360; RC 1919, § 977; SDC 1939, § 60.0102 (3).