43-25-34. Instrument other than will affecting estate in real property--Effect of fraud.
Every instrument other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or encumbrancers thereon, is void as against every purchaser or encumbrancer, for value, of the same property, or the rents or profits thereof.
Source: CivC 1877, §676; CL 1887, §3298; RCivC 1903, §991; RC 1919, §597; SDC 1939, §51.1406.