S.D. Codified Laws § 53-4-3

Duress defined

Applied in 2 court decisions — leading case Matter of Estate of Eberle (1993)

Most recently applied in Matter of Estate of Eberle (September 1993)

Source: CivC 1877, §§ 880, 881; CL 1887, §§ 3504, 3505; RCivC 1903, §§ 1198, 1199; RC 1919, §§ 813, 814; SDC 1939, § 10.0305.

Duress consists in:

(1) Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or

(2) Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or

(3) Actual or threatened unlawful violent injury to the person or property of any such person or persons; or

(4) Actual or threatened injury to the character of any such person or persons; or

(5) Actual unlawful detention of the property of any such person.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.