Every transfer of property or charge made thereon, every obligation incurred, and every judicial proceeding taken, with intent to delay or defraud any creditor or other person of his demands is void against all creditors of the debtor and their successors in interest and against any persons upon whom the estate of the debtor devolves in trust for the benefit of others than the debtor.
S.D. Codified Laws § 54-8-1
Transfer with intent to delay or defraud creditors void
Applied in 8 court decisions — leading case 556 F. Supp. 688 - Loving Saviour Church v. United States (1983)
Most recently applied in Arnoldy v. Mahoney & Finneman (December 2010)
Source: CivC 1877, § 2023; CL 1887, § 4656; RCivC 1903, § 2368; RC 1919, § 2041; SDC 1939, § 23.0105.
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.