Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where it is delivered to a stranger for the benefit of a grantee, and his assent is shown or may be presumed.
S.D. Codified Laws § 43-4-10
Constructive delivery of grant to stranger for benefit of grantee
Applied in 1 court decision — leading case Hanifin v. Marsden (1980)
Most recently applied in Hanifin v. Marsden (October 1980)
Source: CivC 1877, § 611, subdiv 2; CL 1887, § 3234, subdiv 2; RCivC 1903, § 927, subdiv 2; RC 1919, § 529 (2); SDC 1939, § 51.1307 (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.