21-50-1
Foreclosure action brought on default in executory contract.
21-50-2
Repealed.
21-50-3
Time allowed by judgment for compliance with terms of contract--Final judgment
barring rights on failure to comply.
21-50-4
Costs and attorney fee awarded in judgment.
21-50-5
Receipt or affidavit establishing record of compliance with judgment.
21-50-6
Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.
21-50-7
Remedy not exclusive.
21-50-1. Foreclosure action brought on default in executory contract.
Whenever default has occurred in the performance of any of the terms and conditions of an executory contract for the sale or exchange of real property, an action may be brought in the circuit court for the county in which such property, or some part thereof, is situated for a foreclosure of all rights under such contract asserted adversely to the plaintiff in such action.
Source: SL 1913, ch 138, § 1; RC 1919, § 2914; SDC 1939 & Supp 1960, § 37.3101.
21-50-3. Time allowed by judgment for compliance with terms of contract--Final judgment barring rights on failure to comply.
Upon the trial of an action under this chapter the court shall have power to and by its judgment shall fix the time within which the party or parties in default must comply with the terms of such contract on his or their part, which time shall be not less than ten days from the rendition of such judgment, and unless the parties against whom such judgment is rendered shall fully comply therewith within the time specified, such judgment shall be and become final without further order of the court, and all rights asserted under the contract sued on shall thereupon be forever barred and foreclosed.
Source: SL 1913, ch 138, § 1; RC 1919, § 2914; SDC 1939 & Supp 1960, § 37.3101.
21-50-4. Costs and attorney fee awarded in judgment.
Costs including a reasonable attorney fee to be fixed by the court may be awarded in such actions in the discretion of the court.
Source: SL 1913, ch 138, § 3; RC 1919, § 2916; SDC 1939 & Supp 1960, § 37.3102.
21-50-5. Receipt or affidavit establishing record of compliance with judgment.
Record of compliance with the judgment must be made by filing in the office of the clerk of the court where the judgment is docketed a receipt or other satisfaction from the party or his attorney of record to whom payment or other performance is due, or by the affidavit of the party or his attorney of record from whom payment or other performance is due, showing that he has complied with the judgment and the reason that no receipt or other satisfaction is filed.
Source: SDC 1939 & Supp 1960, § 37.3101.
21-50-6. Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.
Unless such record of compliance with the judgment is made on or before the date fixed for such compliance in the judgment, the clerk of the court shall certify that the time for compliance with said judgment has expired and that no compliance has been made and that the same has become the final judgment of the court, which certificate may be endorsed upon or attached to the judgment, and shall be dated, signed, sealed, and filed by the clerk of the court and shall be conclusive evidence of the facts necessary to establish the judgment as final so far as the rights of subsequent purchasers and encumbrancers in good faith and for value are concerned.
Source: SDC 1939 & Supp 1960, § 37.3101.
21-50-7. Remedy not exclusive.
This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely.
Source: SL 1913, ch 138, § 4; RC 1919, § 2917; SDC 1939 & Supp 1960, § 37.3103.
