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Codified Laws
21-39 DETERMINATION OF HEIRSHIP
CHAPTER 21-39

DETERMINATION OF HEIRSHIP

21-39-1      Circuit court jurisdiction to determine heirs under federal land laws.
21-39-2      County court decrees prior to 1959 validated.



21-39-1Circuit court jurisdiction to determine heirs under federal land laws.

Whenever a patent shall have been issued direct to the heirs of a deceased person under the homestead or any other laws of the United States, the circuit court for the county in which such lands, or any part thereof, so patented are situated shall have original jurisdiction in a civil action brought for that purpose to determine who are such heirs and to determine the respective shares of such heirs in and to the lands so patented.

Source: SL 1913, ch 231, § 1; RC 1919, § 2869; SL 1921, ch 182; SDC 1939 & Supp 1960, § 37.1503.



21-39-2County court decrees prior to 1959 validated.

In all cases prior to July 1, 1959, where patent has issued to the heirs of a decedent under the laws of the United States and the county court of the county wherein such patented land is situated has determined who were the heirs of such decedent and their respective shares in and to said patented land, such decrees of said county court establishing and declaring such heirship and such shares shall have the same force, effect, and validity as though made by the circuit court for said county.

Source: SL 1925, ch 4, § 2; SDC 1939, § 65.0314; SL 1959, ch 459.