A creditor can avoid the act or obligation of his debtor for fraud, only where the fraud obstructs the enforcement, by legal process, of his right to take the property affected by the transfer or obligation.
S.D. Codified Laws § 54-8-3
Avoidance of act or obligation of debtor for fraud--Obstruction of legal process
Applied in 1 court decision — leading case Heinzman v. Howard (1984)
Most recently applied in Heinzman v. Howard (May 1984)
Source: CivC 1877, § 2025; CL 1887, § 4658; RCivC 1903, § 2370; RC 1919, § 2043; SDC 1939, § 23.0107.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.