43-11-31. Power as a lien upon real property.
A power is a lien upon the real property which it embraces from the time the instrument in which it is contained takes effect; except that against creditors, purchasers, and encumbrancers, in good faith and without notice, from any person having an estate in such real property, the power is a lien only from the time the instrument in which it is contained is duly recorded.
Source: CivC 1877, §312; CL 1887, §2828; RCivC 1903, §335; RC 1919, §404; SDC 1939, §59.0417.