Though a grant be not actually delivered into the possession of the grantee, it is yet to be deemed constructively delivered where the instrument is, by the agreement of the parties at the time of execution, understood to be delivered, and under such circumstances that the grantee is entitled to immediate delivery.
S.D. Codified Laws § 43-4-9
Constructive delivery of grant--Agreement of parties
Applied in 2 court decisions — leading case Hagen v. Palmer (1973)
Most recently applied in Hanifin v. Marsden (October 1980)
Source: CivC 1877, § 611, subdiv 1; CL 1887, § 3234, subdiv 1; RCivC 1903, § 927, subdiv 1; RC 1919, § 529 (1); SDC 1939, § 51.1307 (1).
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.