21-45-17. Partition according to respective rights of parties--Surveys and landmarks.
In making the partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.
Source: CCivP 1877, §560; CL 1887, §5374; RCCivP 1903, §599; RC 1919, §2810; SDC 1939 & Supp 1960, §37.1413.