54-8-1
Transfer with intent to delay or defraud creditors void.
54-8-2
Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.
54-8-3
Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
54-8-4
Fraudulent intent--Question of fact--Inadequacy of consideration.
54-8-5 to 54-8-19. Repealed.
54-8-20
Removal, secretion, encumbrancing or disposition of property to defraud creditors--Misdemeanor.
54-8-21
Assignment or transfer of property to preferred creditors as felony--Exception.
54-8-22
Party to transfer or assignment of property to defraud creditors guilty of felony.
54-8-23
Fraud in bankruptcy proceedings--Misdemeanor.
54-8-1. Transfer with intent to delay or defraud creditors void.
Every transfer of property or charge made thereon, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands is void against all creditors of the debtor and their successors in interest and against any persons upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
Source: CivC 1877, § 2023; CL 1887, § 4656; RCivC 1903, § 2368; RC 1919, § 2041; SDC 1939, § 23.0105.
54-8-2. Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.
Every transfer of personal property other than a thing in action, which is not evidenced by a bill of sale filed in the office of the register of deeds of the county wherein such property is situated or of the county to which such county is attached for judicial purposes, and every lien thereon, other than a mortgage, when allowed by law is conclusively presumed, if made by a person having at the time the possession or control of the property and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the thing transferred, to be fraudulent and therefore void against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any person on whom his estate devolves in trust for the benefit of others than himself and against purchasers and encumbrancers in good faith subsequent to the transfer.
Source: CivC 1877, § 2024; CL 1887, § 4657; RCivC 1903, § 2369; RC 1919, § 2042; SDC 1939, § 23.0106.
54-8-3. Avoidance of act or obligation of debtor for fraud--Obstruction of legal process.
A creditor can avoid the act or obligation of his debtor for fraud, only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation.
Source: CivC 1877, § 2025; CL 1887, § 4658; RCivC 1903, § 2370; RC 1919, § 2043; SDC 1939, § 23.0107.
54-8-4. Fraudulent intent--Question of fact--Inadequacy of consideration.
In all cases under the provisions of this chapter, except as otherwise provided in § 54-8-2, and except as provided in §§ 43-25-32 to 43-25-36, inclusive, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
Source: CivC 1877, § 2026; CL 1887, § 4659; RCivC 1903, § 2371; RC 1919, § 2044; SDC 1939, § 23.0108.
54-8-20. Removal, secretion, encumbrancing or disposition of property to defraud creditors--Misdemeanor.
Every person who removes any of his property out of any county, with intent to prevent the same from being levied upon by any execution or attachment, or who secretes, encumbers, transfers, or otherwise disposes of any of his property, with intent to delay or defraud any creditor, and every person who receives any such property with such intent, is guilty of a Class 1 misdemeanor.
Source: PenC 1877, § 636; CL 1887, § 6838; RPenC 1903, § 667; RC 1919, § 4278; SDC 1939, § 13.4302; SL 1980, ch 24, § 105.
54-8-21. Assignment or transfer of property to preferred creditors as felony--Exception.
Every person who, knowing that his property is insufficient for the payment of all his lawful debts, assigns, transfers, or delivers any property for the benefit of any creditor, or creditors, upon any trust or condition that any creditor shall receive a preference or priority over any other, except in the cases in which such preference is expressly allowed to be given by law, or with intent to create such preference or priority, is guilty of a Class 6 felony.
Source: PenC 1877, § 637; CL 1887, § 6839; RPenC 1903, § 668; RC 1919, § 4279; SDC 1939, § 13.4303; SL 1980, ch 24, § 106; SL 1986, ch 406.
54-8-22. Party to transfer or assignment of property to defraud creditors guilty of felony.
Every person who, being a party to any conveyance or assignment of any property, or of any interest therein, made or created with intent to defraud prior or subsequent purchasers, or to delay or defraud creditors or other persons, and every person being privy to or knowing of such conveyance, assignment, or charge, who intentionally puts the same in use as having been made in good faith, is guilty of a Class 6 felony.
Source: PenC 1877, § 635; CL 1887, § 6837; RPenC 1903, § 666; RC 1919, § 4277; SDC 1939, § 13.4301; SL 1980, ch 24, § 107; SL 1986, ch 407.
54-8-23. Fraud in bankruptcy proceedings--Misdemeanor.
Every person who, upon making or prosecuting any application for a discharge as an insolvent debtor, under the provisions of any law now in force, or that may hereafter be enacted:
(1) Fraudulently presents or authorizes to be presented on his behalf such application, in a case in which it is not authorized by law;
(2) Makes or presents to any court or officer, in support of such application, any petition, schedule, book, account, voucher, or other paper or document, knowing the same to contain any false statement;
(3) Fraudulently makes and exhibits, or alters, obliterates, or destroys any account or voucher relating to the condition of his affairs, or any entry or statement in such account or voucher;
(4) Practices any fraud upon any creditor, with intent to induce him to petition for or consent to such discharge; or
(5) Conspires with or induces any person fraudulently to unite as creditor in any petition for such discharge, or to practice any fraud in aid thereof;
is guilty of a Class 1 misdemeanor.
Source: PenC 1877, § 638; CL 1887, § 6840; RPenC 1903, § 669; RC 1919, § 4280; SDC 1939, § 13.4304; SL 1980, ch 24, § 108.
