Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.

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21-41-15. Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation.

Any counterclaim filed pursuant to §21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actions, and the value of the land aside from the value of the improvements thereon, and the separate value of the improvements, must be specifically found by the verdict of the jury, the report of the referee, or the findings of the court.

Source: CCivP 1877, §§642, 643; CL 1887, §§5456, 5457; RCCivP 1903, §§682, 683; RC 1919, §§2858, 2859; Supreme Court Rules 583, 584, 1939; SDC 1939 & Supp 1960, §§37.1517, 37.1518.


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