No instrument is to be avoided under § 43-25-34 in favor of a subsequent purchaser or encumbrancer having notice thereof at the time his purchase was made or his lien acquired, unless the person in whose favor the instrument was made was privy to the fraud intended.

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Terms Used In South Dakota Codified Laws 43-25-35

  • Fraud: Intentional deception resulting in injury to another.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: CivC 1877, § 677; CL 1887, § 3299; RCivC 1903, § 992; RC 1919, § 598; SDC 1939, § 51.1406.

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