Other things being equal, different liens upon the same property have priority according to the time of their creation.
S.D. Codified Laws § 44-2-1
Priority of different liens upon same property--Determination--Time of creation
Applied in 3 court decisions — leading case Matter of Estate of Mathison (1991)
Most recently applied in Highmark Federal Credit Union v. Wells Fargo Financial South Dakota, Inc. (May 2012)
Source: CivC 1877, § 1711; CL 1887, § 4335; RCivC 1903, § 2031; RC 1919, § 1536; SDC 1939, § 39.0112.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.