15-19-1      Process under which sales made--Title conveyed to purchaser.
15-19-2      Procedure governed by rules of court.
15-19-3      Publication of notice of sale of personal property--Contents--Posting in lieu of notice.
15-19-4      Perishable property sold by court order--Notice.
15-19-5      Time and place of sale of personal property--Access of bidders to property--Notice of place.
15-19-6      Property within view of bidders during sale--Designation of place of sale when property not capable of manual delivery.
15-19-7      Sale at public auction to highest bidder--Designation by debtor of order in which items offered.
15-19-8      Publication of notice of real property sale.
15-19-9      Contents of notice of real property sale.
15-19-10      Time and place of real property sales.
15-19-11      Foreclosure sale of real estate situated in several counties.
15-19-12      Place of sale of real property where no courthouse in county.
15-19-13      Real property sold at public auction to highest bidder.
15-19-14      Distinct parcels of real property sold separately--Exceptions.
15-19-15      Order of sale of parcels of real property designated by owner or judgment debtor.
15-19-16      Real property sale terminated when sufficient amount raised.
15-19-17      Title acquired by purchaser of real property--Right of redemption.
15-19-17.1      Debtor entitled to harvest crops planted prior to issuance of deed.
15-19-18      Real property purchaser's title unaffected by reversal of judgment--Restitution by judgment creditor.
15-19-19      Certificate of sale issued to purchaser of real property--Contents--Execution and recording--Prima facie evidence.
15-19-20      Return of sale of real property--Contents.
15-19-21      Exceptions to sale of real property--Service and determination.
15-19-22      Confirmation of sale of real property--Recitals in court order.
15-19-23      Time allowed for redemption from sale of real property--Foreclosure provisions unaffected.
15-19-24      Sheriff's deed to real property sold.
15-19-25      Contents, execution, and recording of sheriff's deed.
15-19-26      Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.
15-19-27      Purchaser's recovery of damages for injury to real property after sale and before possession delivered.
15-19-28      Demand by officer making sale of advance payment of publication fees.
15-19-29, 15-19-30.      Repealed.
15-19-31      Adjournment of sales to following day.
15-19-32      Postponement of sale by sheriff.
15-19-33      Officers not to purchase at sale.
15-19-34      Termination of sale when sufficient money raised.
15-19-35      Application of proceeds of sale.
15-19-36      Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.

15-19-1. Process under which sales made--Title conveyed to purchaser.

Execution sales of property may be made under judgment, decree, order, writ, execution, or other appropriate process rendered and issued from any of the courts of this state having jurisdiction over the party and the subject matter, and when made in compliance with the statutes and rules of court, shall convey all the rights, titles, and interests of the party to the property involved.

Source: SDC 1939 & Supp 1960, § 33.2001.

15-19-2. Procedure governed by rules of court.

The procedure for making the sales referred to in § 15-19-1 and all records thereof shall be as prescribed by the rules of the Supreme Court of this state.

Source: SDC 1939 & Supp 1960, § 33.2001.

15-19-3. Publication of notice of sale of personal property--Contents--Posting in lieu of notice.

Public notice of all sales of personal property shall be given by the officer or person making the sale by publishing in some legal newspaper in the county where the sale is to be made, in one issue, at least ten days before the sale, a notice of sale, which shall contain the title of the action, a reference to the order, judgment, or execution pursuant to which the sale is made, and the date thereof; if on decree of foreclosure, or execution, the amount of the judgment; a description of the property to be sold, the terms of sale, and the time and place of sale.

If there be no legal newspaper in the county, the notice must be posted in five of the most public places in the county, not less than ten days before sale.

Source: SDC 1939 & Supp 1960, § 33.2002.

15-19-4. Perishable property sold by court order--Notice.

Perishable property may be sold by order of the court or a judge thereof, prescribing such notice, time, and manner of sale as may be reasonable, considering the character and condition of the property.

Source: SDC 1939 & Supp 1960, § 33.2003.

15-19-5. Time and place of sale of personal property--Access of bidders to property--Notice of place.

Sales of personal property under execution may be made on any day except Sunday and shall be made between the hours of nine in the morning and ten in the evening.

Such sales may be made at the front door of the courthouse or at any other public place within the county or at any private place, provided that public access thereto for inspection, bidding, and removal of the property is freely given at all times after the publication of the notice of sale and a reasonable time thereafter for removal of the property, and provided that all places fixed for a sale shall be described with certainty in the notice so that the public generally may readily locate the same.

Source: SDC 1939 & Supp 1960, § 33.2004; SL 1986, ch 166.

15-19-6. Property within view of bidders during sale--Designation of place of sale when property not capable of manual delivery.

When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and when it consists of property not conveniently capable of manual delivery, such as heavy machinery, stocks of goods, or grain in bulk, it may be held at such place as the officer conducting the sale may designate as most likely to enable him to secure the best price therefor. If it consists, in part, of property not capable of manual delivery, the officer conducting the sale shall likewise designate one place of sale most likely to produce the best price and have the property capable of manual delivery there for sale and sell the other property by description or sample.

Source: SDC 1939 & Supp 1960, § 33.2004.

15-19-7. Sale at public auction to highest bidder--Designation by debtor of order in which items offered.

Personal property must be sold on execution at public auction to the highest bidder. The property sold must be offered in such parcels and items as are likely to bring the highest price. A judgment debtor may direct the order in which the parcels or items of property are to be sold by a request in writing delivered to the officer before the sale, or orally if he be present at the sale.

Source: SDC 1939 & Supp 1960, § 33.2005.

15-19-8. Publication of notice of real property sale.

Before making an execution sale of real property, the officer conducting the same shall cause public notice thereof to be given by advertisement published in a legal newspaper, published in each county wherein any part of it is situated, once each week for four consecutive weeks, prior to the date of sale. If publication is made upon at least one day in each calendar week, the same shall be sufficient, even though more or less than seven days may intervene between publications. If no newspaper is published in such county, the notice must be published in the nearest legal newspaper in the state likely to give notice, and the designation of such newspaper by the sheriff, and subsequent confirmation of the sale by the court, shall be conclusive as to such designated newspaper being the proper paper for such publication of such notice thereof.

Source: SDC 1939, § 33.2006; Supreme Court Rule adopted September 12, 1942.

15-19-9. Contents of notice of real property sale.

The notice of sale of real property must state the title of the proceeding under which it is made; the decree, order, or execution, which is authority for the sale, must be named and referred to by the date thereof; the amount of the judgment or other lien upon which sale is to be made; the legal description of the property to be sold; that such sale will be made to the highest bidder for cash; if the sale be upon special execution, on a decree of foreclosure, the notice shall also state whether there are prior liens of record and if there are the nature and amount of such liens so far as can be ascertained from the records; whether or not the property is sold subject to redemption; and the time and place of sale.

Source: SDC 1939, § 33.2006; Supreme Court Rule adopted September 12, 1942.

15-19-10. Time and place of real property sales.

Judicial sales of real estate may be held on any day except Sunday and must be held between the hours of nine o'clock in the forenoon and four o'clock in the afternoon.

Such sales shall be held at the front door of the courthouse of the county in which the real property is situated, except as provided in §§ 15-19-11 and 15-19-12.

Source: SDC 1939 & Supp 1960, § 33.2007.

15-19-11. Foreclosure sale of real estate situated in several counties.

If the real estate is sold pursuant to a judgment of foreclosure of a mortgage or other lien in which real estate situated in several counties is described and which instrument has been duly recorded prior to the commencement of the action, in all of said counties, or if it is sold pursuant to an attachment of real estate in several counties and the notice of levy of such attachment has been duly recorded in all such counties, any or all of said real estate may be sold in the county in which the judgment was rendered, by the sheriff of such county, unless the court shall in the judgment of foreclosure or upon the attachment proceedings otherwise specifically direct.

Source: SDC 1939 & Supp 1960, § 33.2007.

15-19-12. Place of sale of real property where no courthouse in county.

In any case where there is no courthouse in the county where a judicial sale of real estate is to be made, the same may be made at the door of the building in which the circuit court was last held. If there has been no circuit court held in such county, and there is no courthouse therein, then the officer making the sale shall designate some public place for the same.

Source: SDC 1939 & Supp 1960, § 33.2007.

15-19-13. Real property sold at public auction to highest bidder.

Execution sales of real property must be made at public auction, to the highest bidder, for cash.

Source: SDC 1939 & Supp 1960, § 33.2008.

15-19-14. Distinct parcels of real property sold separately--Exceptions.

When the real property consists of several distinct farms, tracts, lots, or parcels, they must be sold separately, unless:

(1)    They consist of platted lots having a structure partly upon each, in which case they must be sold as one tract; or

(2)    There is a paramount lien upon two or more separate farms, tracts, lots, or parcels, in which case such distinct farms, tracts, lots, or parcels must be sold as one tract, subject to such paramount lien.

Source: SDC 1939 & Supp 1960, § 33.2008.

15-19-15. Order of sale of parcels of real property designated by owner or judgment debtor.

The owner of the property, person liable for or upon a lien against the same, or the judgment debtor may by written notice served on the sheriff or other person making the sale, before the time of sale, or personally at the time and place of sale, direct the order in which the several known lots, parcels, or tracts of real property shall be sold, and the sheriff or other person making the sale shall offer the lands accordingly, unless to do so he would be required to violate the provisions of subdivision 15-19-14(1) or (2).

Source: SDC 1939 & Supp 1960, § 33.2008.

15-19-16. Real property sale terminated when sufficient amount raised.

When the total amount realized from the sale of one or more distinct farms, tracts, lots, or parcels of real property equals or exceeds the amount necessary to satisfy the judgment, no more property shall be sold.

Source: SDC 1939 & Supp 1960, § 33.2008.

15-19-17. Title acquired by purchaser of real property--Right of redemption.

Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale is absolute. In all other cases the real property is subject to redemption as provided in this code.

Source: SDC 1939 & Supp 1960, § 33.2009.

15-19-17.1. Debtor entitled to harvest crops planted prior to issuance of deed.

Whenever crops have been sown on the debtor's premises, before the issuance of a sheriff's deed, the debtor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed.

Source: SL 1986, ch 177, § 3.

15-19-18. Real property purchaser's title unaffected by reversal of judgment--Restitution by judgment creditor.

If any judgment, in satisfaction of which any real property be sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser; but in such case restitution must be made by the judgment creditor of the money for which such real property was sold, with lawful interest thereon from the day of sale.

Source: SDC 1939 & Supp 1960, § 33.2009.

15-19-19. Certificate of sale issued to purchaser of real property--Contents--Execution and recording--Prima facie evidence.

Upon the execution sale of real property the officer making the sale must give to the purchaser a certificate of sale containing:

(1)    A particular description of the real property sold;

(2)    The price bid for each distinct lot or parcel;

(3)    The whole price paid;

(4)    A statement of the time within which redemption may be made if property be sold subject to redemption, which time shall begin to run only from date of sale;

(5)    The name and address of the purchaser.

Such certificate must be executed by the officer and acknowledged and must be recorded in the office of the register of deeds of the county wherein the real property is situated.

Such certificate of sale or the record thereof in the office of the register of deeds shall be prima facie evidence of the facts therein recited.

Source: SDC 1939 & Supp 1960, § 33.2010.

15-19-20. Return of sale of real property--Contents.

The officer or person making an execution sale of real property shall within ten days after such sale file in the court a verified written return of such sale reciting generally his proceedings and which must contain among other things, the following:

(1)    A description of the judgment, execution, order, and other authority for making the sale, which description may be made by reference sufficient to identify the same;

(2)    Proof of publication of notice of sale and copy of the notice as published;

(3)    A description of the property sold, the price bid and paid for each part thereof, and the name of the purchaser;

(4)    A fully itemized statement and account of the items due and the costs, fees, and expenses of the sale, and the total amount realized and the surplus or deficiency, if any;

(5)    If the order of sale was directed by the owner, debtor, or other person having authority so to do, a recital of such proceedings;

(6)    A statement that the said sale was in all respects lawfully and honestly conducted and that the officer conducting the sale was not directly or indirectly interested therein in his private or individual right;

(7)    A statement of any postponements of the sale and proof of publication or announcement of notice thereof.

Source: SDC 1939 & Supp 1960, § 33.2011.

15-19-21. Exceptions to sale of real property--Service and determination.

At any time within ten days after such return has been filed, any party interested may file exceptions to such sale, and serve same upon purchaser, and they shall thereupon be determined by the court either upon motion to confirm such sale, or to set it aside.

Source: SDC 1939 & Supp 1960, § 33.2012.

15-19-22. Confirmation of sale of real property--Recitals in court order.

If no exceptions be filed as aforesaid upon the certificate of the clerk to that effect, the report may be presented to the court for confirmation ex parte, and if the court shall, after having carefully examined the proceedings of the officer, be satisfied that the sale has, in all respects, been made in conformity to the provisions of this code, the court must make an order confirming the sale, which shall recite that the court is satisfied of the legality of such sale and shall direct that the officer make to the purchaser a deed of such real property, or interest therein, at the expiration of the period of redemption, unless the same be redeemed as herein provided.

Source: SDC 1939 & Supp 1960, § 33.2013.

15-19-23. Time allowed for redemption from sale of real property--Foreclosure provisions unaffected.

If no redemption be made within one year after the sale, the purchaser or his assignee is entitled to a conveyance; or, if so redeemed, whenever sixty days have lapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff's deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.

This section shall not affect the provisions of law relating to the postponement of the period of redemption in foreclosure cases.

Source: SDC 1939 & Supp 1960, § 33.2201.

15-19-24. Sheriff's deed to real property sold.

Upon the expiration of the period for redemption, the sheriff or other officer who made the sale, his successor, or some other person appointed by the court for that purpose, must make the purchaser, or the party entitled thereto, a deed of the real property sold.

Source: SDC 1939 & Supp 1960, § 33.2202.

15-19-25. Contents, execution, and recording of sheriff's deed.

A sheriff's deed must recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of the judgment by virtue whereof such real property was sold, and must be executed, acknowledged, or proved, and recorded as other conveyances of real property.

Source: SDC 1939 & Supp 1960, § 33.2203.

15-19-26. Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.

The sheriff's deed shall be sufficient evidence of the legality of such sale and the proceedings therein, until the contrary is proved, and shall vest in the purchaser, or other party as aforesaid, as good and as perfect title in the premises therein described as was vested in the debtor at or after the time when such real property became liable to the satisfaction of the judgment.

Source: SDC 1939 & Supp 1960, § 33.2202.

15-19-27. Purchaser's recovery of damages for injury to real property after sale and before possession delivered.

When real property has been sold on execution, the purchasers thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.

Source: SDC 1939 & Supp 1960, § 37.1521.

15-19-28. Demand by officer making sale of advance payment of publication fees.

The officer who levies upon property, or who is charged with the duty of selling the same by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution is issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice. Before any officer shall be excused from publishing the notice as aforesaid, he must demand of the party for whose benefit the execution was issued, his agent or attorney, provided either of them reside in the county, the amount of money for such fees.

Source: SDC 1939 & Supp 1960, § 33.2017.