South Dakota Codified Laws 43-28-4. Recording of affidavits, orders, appointments, minutes of meetings, andproceedings in bankruptcy to correct instruments affecting title to realproperty–Use as evidence
In addition to all other instruments affecting the title to real property which are now eligible for record in the office of a register of deeds in this state, the following mentioned original instruments, together with copies of such other original instruments, records, proceedings, entries, orders, decrees, and appointments as are hereinafter mentioned, or portions thereof or excerpts therefrom, if such copies are duly certified to by the person or officer having the legal custody thereof as being true copies thereof, or of portions thereof or excerpts therefrom, are eligible for record in the office of the register of deeds of the county wherein the real property affected is situated, and shall be indexed against such property, and such record, or a copy thereof duly certified to by the register of deeds, or included as a part of a duly prepared and certified abstract of title to real property affected, shall be received and accepted as prima facie evidence of the facts or matters therein contained or set forth:
(1) Affidavits of publication of notices of sale, affidavits of sale, and every other instrument executed or used in connection with the making of a sale and conveyance of real property by any board, department, officer, or officers of the State of South Dakota, or of any county, township, school district, or municipality of the State of South Dakota;
Terms Used In South Dakota Codified Laws 43-28-4
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Trustee: A person or institution holding and administering property in trust.
(2) Affidavits explaining the presence in the deed, mortgage, or other records of any county of any interloping deed, mortgage, or other instrument purporting to have been executed by a person or persons who are not shown of records as having owned any right or title to, interest or estate in or lien upon the real property described in such interloping instrument at the time the same purports to have been executed;
(3) Affidavits explanatory of recitals contained in deeds, mortgages, or other instruments to the effect that the real property described in such instruments is subject to certain mortgages or other liens, when such recitals leave in doubt the amount of the indebtedness or the extent to which the real property in question is affected thereby;
(4) Copies of orders and appointments made by any officer, department, or board of the State of South Dakota, pursuant to law, appointing any appointive officer, agent, or employee of the State of South Dakota, or of any department thereof, and defining the powers and authority of such officer, agent, or employee;
(5) Copies of the original minutes and records of meetings held and official action taken by any board of county commissioners, school board, board of education, township board, county weed and pest board, or governing body of any municipality, within the State of South Dakota, or by the members, officers, or directors of any federal bureau, board, department, or corporation created by, or by authority of, an act of Congress;
(6) Copies of orders and appointments made by any federal bureau, board, department, or officer, pursuant to law, appointing receivers for corporations which have been created or organized by, or by authority of, an act of Congress, and copies of any order or other instrument of record defining the powers and authority of any such receiver;
(7) Copies of letters testamentary, of administration, and of conservatorship, and of orders appointing receivers and trustees, issued by any court, foreign or domestic, when used to show the authority of a personal representative, conservator, receiver, or trustee to execute a satisfaction or assignment of, or to foreclose, a mortgage or other lien against real property; and the officer who certifies to any such copy as being a true copy of the original instrument on file and in his custody may include in his certificate a statement that the original instrument is, or at any given time was, in full force and effect and unrevoked, which statement shall be accepted as prima facie evidence of the facts so recited;
(8) Certified copies of any petition, order, notice, or other document on file in the office of the clerk of any bankruptcy court or any United States district court offered for record by any person.
Source: SL 1949, ch 208, § 1; SDC Supp 1960, § 51.1627; SL 1961, ch 262; SL 1987, ch 317; SL 1993, ch 213, § 234; SL 2005, ch 233, § 1.