40-28-17. Actions by county and landowner for costs and damages--Application of proceeds of sale.

The county and the person suffering damage from such trespass may sue jointly or severally for their several costs, expenses, and damages; provided that the receipts of the sale shall be applied in the following manner: first, in payment of costs, expenses, and disbursements of the sheriff and any remainder shall be paid to the clerk of the circuit court to be applied upon the payment of any judgment thereafter secured by the person suffering damage, provided that such action shall be brought in the proper court within sixty days from the date of such sale.

Source: SL 1921, ch 404; SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.