A grant cannot be delivered to the grantee conditionally. Delivery to him or to his agent as such is necessarily absolute; and the instrument takes effect thereupon discharged of any condition on which the delivery was made.
S.D. Codified Laws § 43-4-8
Absolute delivery of grant required--Conditional delivery ineffective
Applied in 2 court decisions — leading case Stacey Taylor Trippet Special Trust v. Blevins (1996)
Most recently applied in Stacey Taylor Trippet Special Trust v. Blevins (March 1996)
Source: CivC 1877, § 608; CL 1887, § 3231; RCivC 1903, § 924; RC 1919, § 526; SDC 1939, § 51.1305.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.