An apparent consent is not real or free and is voidable when obtained through:
(1) Duress;
(2) Fraud;
(3) Undue influence; or
(4) Mistake.
S.D. Codified Laws § 53-4-1
Apparent consent voidable--Grounds
Applied in 8 court decisions — leading case In Re Estate of Smid (2008)
Most recently applied in Estate of Eichstadt (December 2022)
Source: CivC 1877, § 878; CL 1887, § 3502; RCivC 1903, § 1196; RC 1919, § 811; SDC 1939, § 10.0303.
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.