Presumption as to passing of fee simple title--Exception.

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43-25-15. Presumption as to passing of fee simple title--Exception.

A fee simple title is presumed to be intended to pass by a grant of real property unless it appears from the grant that a lesser estate was intended.

Source: CivC 1877, §633, subdiv 2; CL 1887, §3254, subdiv 2; RCivC 1903, §947, subdiv 2; RC 1919, §555 (2); SDC 1939, §51.1414 (2).


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