21-47-18. Application of proceeds of sale--Investment of unclaimed surplus.

It shall be the duty of every officer or person who conducts any such sale to apply the proceeds as follows:

(1)    To the payment of the costs and expenses of the sale;

(2)    To the payment of the costs and disbursements taxed in the action in which the sale is made;

(3)    To the discharge of the debt adjudged by the court to be due;

(4)    To pay the surplus, if any, into court for the use of the defendant or the person entitled thereto, subject to the order of the court.

If such surplus or any part thereof shall remain in court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, his representatives, or assigns, subject to the order of the court.

Source: CCivP 1877, §§ 624, 625; CL 1887, §§ 5438, 5439; SL 1893, ch 118; RCCivP 1903, §§ 663 to 665; RC 1919, § 2905; SDC 1939 & Supp 1960, § 37.2913.