South Dakota Codified Laws 54-8-3. Avoidance of act or obligation of debtor for fraud–Obstruction of legal process
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A creditor can avoid the act or obligation of his debtor for fraud, only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation.
Terms Used In South Dakota Codified Laws 54-8-3
- Fraud: Intentional deception resulting in injury to another.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
Source: CivC 1877, § 2025; CL 1887, § 4658; RCivC 1903, § 2370; RC 1919, § 2043; SDC 1939, § 23.0107.