One who obtains a thing without the consent of its owner, or by a consent afterwards rescinded, or by an unlawful exaction which the owner could not at the time prudently refuse, must restore it to the person from whom it was thus obtained, unless he has acquired a title thereto superior to that of such other person, or unless the transaction was corrupt and unlawful on both sides.
S.D. Codified Laws § 20-8-1
Obligation to restore thing obtained without consent or by unlawful exaction
Applied in 1 court decision — leading case Norwest Bank Black Hills, N.A. v. Rapid City Teachers Federal Credit Union (No. 4122) (1988)
Most recently applied in Norwest Bank Black Hills, N.A. v. Rapid City Teachers Federal Credit Union (No. 4122) (December 1988)
Source: CivC 1877, § 977; CL 1887, § 3601; RCivC 1903, § 1295; RC 1919, § 799; SDC 1939, § 47.0305.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.