The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
S.D. Codified Laws § 53-6-4
Burden of proof to invalidate sufficient consideration
Applied in 4 court decisions — leading case Sabhari v. Sapari (1998)
Most recently applied in Parmely Trust v. Magness (September 2023)
Source: CivC 1877, § 914; CL 1887, § 3538; RCivC 1903, § 1232; RC 1919, § 849; SDC 1939, § 10.0510.
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.