Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously.
S.D. Codified Laws § 21-7-2
Extent of injury or malice required to justify forfeiture and eviction
Applied in 1 court decision — leading case Jordan v. Duprel (1981)
Most recently applied in Jordan v. Duprel (April 1981)
Source: CCivP 1877, § 653; CL 1887, § 5467; RCCivP 1903, § 694; RC 1919, § 2875; SDC 1939 & Supp 1960, § 37.3602.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.