In all cases under the provisions of this chapter, except as otherwise provided in § 54-8-2, and except as provided in §§ 43-25-32 to 43-25-36, inclusive, the question of fraudulent intent is one of fact and not of law; nor can any transfer or charge be adjudged fraudulent solely on the ground that it was not made for a valuable consideration.
S.D. Codified Laws § 54-8-4
Fraudulent intent--Question of fact--Inadequacy of consideration
Applied in 5 court decisions — leading case Carr Enterprises, Inc. v. United States (1983)
Most recently applied in Arnoldy v. Mahoney & Finneman (December 2010)
Source: CivC 1877, § 2026; CL 1887, § 4659; RCivC 1903, § 2371; RC 1919, § 2044; SDC 1939, § 23.0108.
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.