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CHAPTER 21-7

ACTIONS FOR WASTE

21-7-1      Action for waste against conservator or tenant--Treble damages and eviction from premises.
21-7-2      Extent of injury or malice required to justify forfeiture and eviction.


     21-7-1.   Action for waste against conservator or tenant--Treble damages and eviction from premises. If a conservator, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, any person aggrieved by the waste may bring an action against him, in which action there may be judgment for treble damages, forfeiture of the estate of the party offending, and eviction from the premises.

Source: SDC 1939 & Supp 1960, § 37.3601; SL 1993, ch 213, § 97.


     21-7-2.   Extent of injury or malice required to justify forfeiture and eviction. Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously.

Source: CCivP 1877, § 653; CL 1887, § 5467; RCCivP 1903, § 694; RC 1919, § 2875; SDC 1939 & Supp 1960, § 37.3602.


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