Obligations and rights presumed joint and not several.

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20-1-5. Obligations and rights presumed joint and not several.

An obligation imposed upon several persons, or a right created in favor of several persons, is presumed to be joint, and not several, except in the special cases mentioned in §§53-2-4 and 53-2-5. This presumption, in the case of a right, can be overcome only by express words to the contrary.

Source: CivC 1877, §802; CL 1887, §3425; RCivC 1903, §1118; RC 1919, §725; SDC 1939, §47.0105.


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