Whenever land is sold under an executory contract authorizing the vendee to improve the same, and such contract is forfeited or surrendered after liens have attached by reason of such improvements, the title of the vendor shall be subject thereto, but he shall not be personally liable if the contract was made in good faith.
S.D. Codified Laws § 44-9-3
Vendee authorized to improve land sold under executory contract--Forfeiture or surrender of contract after attachment of liens for improvements--Liability of vendor
Applied in 3 court decisions — leading case New Era Mining Co. v. Dakota Placers, Inc. (1999)
Most recently applied in Duffield Construction, Inc. v. Baldwin (April 2004)
Source: SL 1913, ch 263, § 5; RC 1919, § 1647; SDC 1939, § 39.0706.
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.