43-25-27. Unrecorded instrument showing title to real property--Ownership--Passing with title.
Instruments essential to the title of real property and which are not kept in a public office as a record pursuant to law, belong to the person in whom, for the time being, such title may be vested, and pass with the title.
Source: CivC 1877, §579; CL 1887, §3202; RCivC 1903, §895; RC 1919, §493; SDC 1939, §51.0811.