If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property whereon to satisfy such execution.
S.D. Codified Laws § 21-47-5
Foreclosure not permitted after money judgment unless execution returned unsatisfied
Applied in 1 court decision — leading case First Dakota National Bank v. Graham (2015)
Most recently applied in First Dakota National Bank v. Graham (May 2015)
Source: CCivP 1877, § 621; CL 1887, § 5435; RCCivP 1903, § 660; RC 1919, § 2902; SDC 1939 & Supp 1960, § 37.2905.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.