In all cases where property or any interest therein has been levied upon or impounded by attachment, garnishment, or other mesne process, or where the property consists of personal property in the possession of a party or a receiver appointed in the action, who is foreclosing a lien thereon, or where it consists of real estate and the action involves the foreclosing of a lien thereon, no levy shall be required for the sale thereof, but the officer may make sale and return thereon pursuant to the judgment and execution issued thereon.
S.D. Codified Laws § 15-18-18
Levy not required for sale of property taken by earlier process
Applied in 2 court decisions — leading case Northwest South Dakota Production Credit Ass'n v. Dale (1985)
Most recently applied in In re Bunke (April 1994)
Source: SDC 1939 & Supp 1960, § 33.1912.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.