Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

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  2. South Dakota Codified Laws
  3. Property
  4. Real Property Powers
  5. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

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43-11-27. Mortgage by owner of life estate having power to make leases does not extinguish or suspend the power.

A mortgage executed by the owner of a life estate having a power to make leases by virtue of any beneficial power, does not extinguish or suspend the power, but the power is bound by the mortgage in the same manner as the real property embraced therein.

Source: CivC 1877, §346; CL 1887, §2862; RCivC 1903, §369; RC 1919, §436; SDC 1939, §59.0449.


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