Lien on undivided interest chargeable to share allocated--Partition costs preferred.

  1. Law
  2. South Dakota Codified Laws
  3. Judicial Remedies
  4. Partition And Sale Of Real Estate
  5. Lien on undivided interest chargeable to share allocated--Partition costs preferred.

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21-45-27. Lien on undivided interest chargeable to share allocated--Partition costs preferred.

When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.

Source: CCivP 1877, §565; CL 1887, §5379; RCCivP 1903, §604; RC 1919, §2815; SDC 1939 & Supp 1960, §37.1428.


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