21-7-2. Extent of injury or malice required to justify forfeiture and eviction.
Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously.
Source: CCivP 1877, §653; CL 1887, §5467; RCCivP 1903, §694; RC 1919, §2875; SDC 1939 & Supp 1960, §37.3602.