§ 21-41-1 Action authorized–Purposes of action–Persons authorized to maintain action–Parties defendant
§ 21-41-2 Joinder of causes of action as to different tracts or parcels–Common interest required
§ 21-41-3 Request before action for quitclaim deed–Expense tendered–Costs and attorney fee taxed if plaintiff successful in action
§ 21-41-4 Joinder of parties plaintiff
§ 21-41-5 Joinder of known claimants as defendants
§ 21-41-6 Joinder of unknown claimants as defendants–Proof of want of knowledge
§ 21-41-7 Filing of complaint and summons–Form for summons
§ 21-41-8 Service of summons on named defendants
§ 21-41-9 Service by publication on unknown defendants–Mail service not required–Effect of service by publication
§ 21-41-10 Validation of prior judgments based on personal service outside state–Rights barred by no action
§ 21-41-11 Contents of complaint
§ 21-41-12 Lis pendens notice filed with register of deeds–Constructive notice–Destruction of records
§ 21-41-13 Disclaimer by defendant to avoid costs
§ 21-41-14 Contents of defendant’s answer–Counterclaim permitted
§ 21-41-15 Counterclaim for improvements to include value of land and improvements–Issue and findings on valuation
§ 21-41-16 Judgment on counterclaim for improvements–Payment for land on default by plaintiff
§ 21-41-17 Enforcement against property of claim against deceased defendant
§ 21-41-18 Jurisdiction of court to determine rights in decedents’ estates
§ 21-41-19 Jurisdiction of decedent’s estate from time of publication of summons
§ 21-41-22 Allowance of plaintiff’s claim for improvements–Value alleged in complaint
§ 21-41-23 Judgment for defendant requiring payment for plaintiff’s improvements–Payment for land on default by defendant
§ 21-41-24 Bond required to indemnify against defenses permitted after judgment
§ 21-41-25 Relief from default judgment–Rights of good faith purchaser preserved
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Terms Used In South Dakota Codified Laws > Title 21 > Chapter 41 - Actions to Quiet Title to Real Property

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.