In the absence of filing pursuant to § 38-17-1, the provision of any contract reserving title to the grain, seed, or crop produced from a crop growing or to be grown on any lands in this state do not apply to and may not be enforced against an innocent purchaser of the grain, seeds, or crop or against any innocent encumbrancer perfecting a security interest in the grain, seeds, or crop under the provisions of title 57A.
S.D. Codified Laws § 38-17-2
Reserved title to grain, seed, or crop not enforceable against innocent third party unless filed
Applied in 1 court decision — leading case Security State Bank of Tyndall, South Dakota v. Cap (In re Van Winkle) (1985)
Most recently applied in Security State Bank of Tyndall, South Dakota v. Cap (In re Van Winkle) (October 1985)
Source: SL 1931, ch 132; SDC 1939, § 39.0125; SL 1967, ch 152; SL 2018, ch 241, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.