An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.
S.D. Codified Laws § 21-9-6
Clear title required for specific performance of agreement to purchase property
Applied in 1 court decision — leading case Pederson v. McGuire (1983)
Most recently applied in Pederson v. McGuire (May 1983)
Source: CivC 1877, § 2002; CL 1887, § 4635; RCivC 1903, § 2347; RC 1919, § 2018; SDC 1939 & Supp 1960, § 37.4610.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.