21-11-3. Intent considered in revising instrument--Court not restricted by language.
In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.
Source: CivC 1877, §2006; CL 1887, §4639; RCivC 1903, §2351; RC 1919, §2022; Supreme Court Rule 562, 1939; SDC 1939 & Supp 1960, §37.0602.