The record of a mortgage, duly made, operates as notice to all subsequent purchasers and encumbrancers.
S.D. Codified Laws § 44-8-10
Record of mortgage--Notice to subsequent purchasers and encumbrancers
Applied in 2 court decisions — leading case Aetna Life Insurance Co. v. McElvain (1985)
Most recently applied in Smith v. Hermsen (December 1997)
Source: CivC 1877, § 1739; CL 1887, § 4369; RCivC 1903, § 2069; RC 1919, § 1573; SDC 1939, § 39.0305.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.