South Dakota Statutes

Title 21 - JUDICIAL REMEDIES

Chapter 01 - Actions For Damages Generally
- Section 21-1-1 - Right to damages for detriment from unlawful act or omission of another.
- Section 21-1-10 - Damages awarded for detriment after commencement of action.
- Section 21-1-11 - Interest awarded on damages certain.
- Section 21-1-12 - Acceptance of principal as waiver of interest.
- Section 21-1-13 - Interest on damages in discretion of jury.
- Section 21-1-13.1 - Interest on damages--Prejudgment interest--Retroactive application.
- Section 21-1-13.2 - Application of interest statutes.
- Section 21-1-14 - Liability of issuer of bad check for collection costs--Costs included in restitutionaward.
- Section 21-1-15 - Definitions.
- Section 21-1-2 - Nominal damages for breach of duty without detriment.
- Section 21-1-3 - Damages to be reasonable.
- Section 21-1-4 - Exemplary or penal damages only as provided--Interest on damages.
- Section 21-1-4.1 - Discovery and trial of exemplary damage claims.
- Section 21-1-5 - Damages for breach of obligation not to exceed gain from full performance--Exceptions.
- Section 21-1-6 - Market value considered in estimating damage to property.
- Section 21-1-7 - Market value considered in estimating damages for deprivation of possession ofproperty.
- Section 21-1-8 - Peculiar value of property to plaintiff considered in damages against defendant withnotice or willful wrongdoer.
- Section 21-1-9 - Value of instrument presumed equal to value of property represented.
Chapter 02 - Damages For Breach Of Contract
- Section 21-2-1 - General measure of damages for breach of contract--Uncertain damages notrecovered.
- Section 21-2-2 - Damages for breach of obligation to pay money.
- Section 21-2-3 - Damages for breach of agreement to convey real property.
- Section 21-2-4 - Damages for breach of agreement to purchase real property.
- Section 21-2-5 - Damages for breach of covenant in grant of real property.
- Section 21-2-6 - Damages for breach of covenant against encumbrances.
- Section 21-2-7 - Damages for breach of warranty of agent's authority.
- Section 21-2-8 - Damages for carrier's failure to accept freight, messages or passengers.
- Section 21-2-9 - Damages for carrier's failure to deliver freight.
Chapter 03 - Damages For Torts
- Section 21-3-1 - General measure of damages for breach of noncontractual obligation--Foreseeabilitynot required.
- Section 21-3-10 - Damages for wrongful injury to trees and plants.
- Section 21-3-11 - Limitation on damages for medical malpractice.
- Section 21-3-11.1 - Legislative findings--Revival of § 21-3-11.
- Section 21-3-12 - Evidence of special damages insurance from certain collateral sources admissible inpersonal injury actions for health care malpractice.
- Section 21-3-2 - Punitive damages in discretion of jury.
- Section 21-3-3 - Presumed damages for wrongful conversion of personal property--Presumptionsconclusive when possession wrongful from beginning.
- Section 21-3-4 - Lien holder's damages for conversion of personal property.
- Section 21-3-5 - General measure of damages for wrongful occupation of real property.
- Section 21-3-6 - Treble damages for forcible exclusion from real property.
- Section 21-3-7 - Double damages for failure of tenant to give up premises after notice of intention.
- Section 21-3-8 - Double damages for holding over by tenant after expiration of term and notice toquit.
- Section 21-3-9 - Measure of damages for holding over real property by conservator, trustee, or lifetenant.
Chapter 03A - Periodic Payments Of Certain Judgments And Settlements
- Section 21-3A-1 - Definition of terms.
- Section 21-3A-1.1 - Purposes of chapter.
- Section 21-3A-1.2 - Applicability of chapter.
- Section 21-3A-10 - Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined.
- Section 21-3A-11 - Satisfaction of judgment and discharge of debtor.
- Section 21-3A-12 - Rules established by director of Division of Insurance.
- Section 21-3A-2 - Action for bodily injury--Effective election--Objection to election--Timerequirements--Action not tried under chapter--Withdrawal of election.
- Section 21-3A-3 - Calculation of damages by trier of fact.
- Section 21-3A-4 - Evidence and calculation of future damages--Jury instructions concerning futuredamages.
- Section 21-3A-5 - Judgment entered on verdict requiring special damages.
- Section 21-3A-6 - Judgment for periodic installments--Adjustment--Index factor--Schedule ofpayments.
- Section 21-3A-7 - Security authorized for payment of judgment for periodic installments.
- Section 21-3A-8 - Posting of security by judgment debtor or insurer--Failure to comply--Right tolump-sum payment--Wrongful death action--Right of reimbursement.
- Section 21-3A-9 - Discount factor.
Chapter 03B - Structured Settlements
- Section 21-3B-1 - Definitions.
- Section 21-3B-10 - Effect of chapter on existing laws and transfer agreements.
- Section 21-3B-11 - Transferee solely responsible for certain requirements.
- Section 21-3B-2 - Transferee to provide disclosure statement--Information required.
- Section 21-3B-3 - Transfer effective only upon order of court or administrative authority--Findingsrequired.
- Section 21-3B-4 - Rights and obligations following transfer.
- Section 21-3B-5 - Application for approval of transfer to be made by transferee--Venue--Notice ofproposed transfer.
- Section 21-3B-6 - Payee may not waive provisions.
- Section 21-3B-7 - Disputes decided under state law.
- Section 21-3B-8 - Life-contingent payments not to be transferred--Exception.
- Section 21-3B-9 - No payee liability for failure to comply with chapter.
Chapter 04 - Actions For Breach Of Promise And Seduction [Repealed]
Chapter 05 - Wrongful Death Actions
- Section 21-5-1 - Liability for wrongful death where damages for injury could have been recovered--Unborn child.
- Section 21-5-2 - Causes of action surviving death of defendant.
- Section 21-5-3 - Limitation of actions.
- Section 21-5-4 - Foreign statute of limitations applicable.
- Section 21-5-5 - Relatives for whose benefit action brought--Personal representative to bring action.
- Section 21-5-6 - Settlement of claim by personal representative--Court approval required--Consent bycompetent beneficiaries.
- Section 21-5-7 - Damages proportionate to pecuniary injury to beneficiaries.
- Section 21-5-8 - Apportionment of damages among beneficiaries.
Chapter 06 - Recovery Of Gambling Losses
- Section 21-6-1 - Action by loser for recovery of losses--Persons liable--Limitation of actions.
Chapter 07 - Actions For Waste
- Section 21-7-1 - Action for waste against conservator or tenant--Treble damages and eviction frompremises.
Chapter 08 - Injunction
- Section 21-8-1 - Kinds of injunctive relief.
- Section 21-8-12 - Order granting restraining order or preliminary injunction.
- Section 21-8-13 - Repealed.
- Section 21-8-14 - Circumstances permitting grant of permanent injunction.
- Section 21-8-15 - Permanent injunction by judgment or decree in civil action--Procedure.
- Section 21-8-16 - Judicial power to restrain or enjoin violations of obscenity laws.
- Section 21-8-17 - Notice and trial before injunction to enforce obscenity laws--Orders to deliverand destroy obscene matter.
- Section 21-8-2 - Purposes for which injunction prohibited.
- Section 21-8-3 - Provisional writ abolished--Temporary restraining order and preliminaryinjunction substituted.
- Section 21-8-6 - Restraining order or preliminary injunction to prevent disposal of property duringpendency of action.
- Section 21-8-7 - Notice required before restraining order or preliminary injunction to suspendcorporate business.
- Section 21-8-8 - Repealed.
- Section 21-8-9 - Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit.
- Sections 21-8-10, 21-8-11 - Repealed
- Sections 21-8-4, 21-8-5 - Repealed
Chapter 09 - Actions For Specific Performance
- Section 21-9-1 - Performance may be compelled except as provided.
- Section 21-9-10 - Compelling delivery of personal property to person entitled to possession.
- Section 21-9-2 - Obligations and agreements not specifically enforceable.
- Section 21-9-3 - Unfair and unreasonable contracts not specifically enforceable.
- Section 21-9-4 - Mutuality of remedy or full performance by plaintiff required for specificperformance.
- Section 21-9-5 - Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults.
- Section 21-9-6 - Clear title required for specific performance of agreement to purchase property.
- Section 21-9-7 - Real property obligation enforceable against successor in interest--Good faithpurchaser--Exoneration by conveyance.
- Section 21-9-8 - Performance or offer to perform in lieu of signature of written contract.
- Section 21-9-9 - Adequacy of compensation for failure to transfer property.
Chapter 10 - Remedies Against Nuisances
- Section 21-10-1 - Acts and omissions constituting nuisances.
- Section 21-10-10 - House of ill fame declared nuisance--Injunction and abatement.
- Section 21-10-11 - State's attorney or citizen entitled to maintain action for injunction against house ofill fame.
- Section 21-10-12 - Temporary injunction against house of ill fame--Proof required--Notice to defendant.
- Section 21-10-13 - Binding effect on defendant of injunction against house of ill fame--Violation ascontempt.
- Section 21-10-14 - Approval required for dismissal of action against house of ill fame--Substitution ofparties plaintiff.
- Section 21-10-15 - Action against house of ill fame triable at first term of court--Evidence of reputationadmissible.
- Section 21-10-16 - Costs taxable to plaintiff on finding of no reasonable ground.
- Section 21-10-17 - Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt.
- Section 21-10-18 - Officer's fees for enforcing order of abatement against house of ill fame--Proceedsof sale of property.
- Section 21-10-19 - Release of property to owner on payment of costs and filing of bond--Conditions ofbond--Effect of release.
- Section 21-10-2 - Acts under statutory authority not deemed nuisance.
- Section 21-10-20 - Punishment of violations of injunction--Arrest and trial--Penalty.
- Section 21-10-21 - Tax assessed against house of ill fame on issuance of permanent injunction--Time ofassessment--Sheriff's duty if assessment not made.
- Section 21-10-22 - Lien of tax on house of ill fame--Other penalties not affected.
- Section 21-10-23 - Collection and distribution of tax on house of ill fame--Court orders for enforcement.
- Section 21-10-24 - Disposition of proceeds of tax on house of ill fame.
- Section 21-10-25 - Costs assessed against plaintiff in certain farm operation nuisance actions.
- Section 21-10-25.1 - State policy to protect agricultural operations from nuisance suits.
- Section 21-10-25.2 - Certain agricultural operations protected--Poultry or livestock operations--Protectedstatus transferable.
- Section 21-10-25.3 - Agricultural operation defined.
- Section 21-10-25.4 - Damages due to water pollution or land overflow not affected by protected status.
- Section 21-10-25.5 - Agricultural operation within municipality not protected.
- Section 21-10-25.6 - Frivolous action against agricultural operation--Costs and expenses recoverable.
- Section 21-10-26 - Logging slash defined.
- Section 21-10-27 - Abandonment of logging slash as public nuisance--Penalty.
- Section 21-10-28 - Normal operation and use of sport shooting range not a nuisance.
- Section 21-10-29 - Injunction not available to certain adversely affected property owners.
- Section 21-10-3 - Public and private nuisances defined.
- Section 21-10-30 - Recovery based on negligence or willful or wanton misconduct not precluded.
- Section 21-10-33 - "Sport shooting range" defined.
- Section 21-10-4 - Public nuisance not legalized by lapse of time.
- Section 21-10-5 - Remedies against nuisances enumerated.
- Section 21-10-6 - Abatement of nuisance--Notice required--Taxing cost of abatement--Civil action.
- Section 21-10-7 - Damages for past injury recoverable after abatement.
- Section 21-10-8 - Liability of successive owners for continuing nuisance.
- Section 21-10-9 - Persons entitled to maintain civil action against nuisance--Injunction and damagesrecoverable.
- Sections 21-10-31, 21-10-32 - Provisions inapplicable where substantial change in primary use has occurred. Regulation of sport shooting ranges not prohibited
Chapter 10A - Remedies For Protection Of Environment [Transferred]
Chapter 11 - Revision Of Contracts
- Section 21-11-1 - Fraud or mistake as ground for revision.
- Section 21-11-2 - Presumption of intent to make equitable agreement.
- Section 21-11-3 - Intent considered in revising instrument--Court not restricted by language.
Chapter 12 - Rescission Of Contracts
- Section 21-12-1 - Grounds for rescission.
- Section 21-12-2 - Restoration to original condition required on rescission for mistake.
Chapter 13 - Cancellation Of Instruments
- Section 21-13-1 - Cancellation ordered on apprehension of injury--Invalidity apparent on face ofinstrument.
Chapter 14 - Actions For Recovery Of Property
- Section 21-14-1 - Remedies available for recovery of property--Civil action to recover possession--Titleand possessory actions combined.
- Section 21-14-2 - Order to permit entry for surveys in action involving real property--Liability forunnecessary injury to property.
- Section 21-14-3 - Action to recover real property not prejudiced by alienation.
- Section 21-14-4 - Plaintiff's right to recover real property terminated while action pending--Damagesfor withholding.
- Section 21-14-5 - Compensation for improvements to real property made by defendant claiming ingood faith.
Chapter 15 - Claim And Delivery Of Personal Property
- Section 21-15-1 - Claim of immediate delivery permitted in action for possession of personal property--Time of claim.
- Section 21-15-10 - Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive rightto retain property.
- Section 21-15-10.1 - Notice of justification--Additional surety--Time and place of hearing.
- Section 21-15-10.2 - Appearance and examination of sureties.
- Section 21-15-10.3 - Allowance by judge--Effect.
- Section 21-15-10.4 - Costs of justification.
- Section 21-15-11 - Qualifications and justification of plaintiff's sureties.
- Section 21-15-11.1 - Qualifications of bail.
- Section 21-15-12 - Defendant's undertaking or deposit to retain possession--Terms.
- Section 21-15-13 - Justification by defendant's sureties and delivery of property--Responsibility ofsheriff--Delivery to plaintiff on failure to justify.
- Section 21-15-14 - Delivery of property to plaintiff if return not required by defendant.
- Section 21-15-15 - Notice to sheriff of third-party claim to property--Indemnity required of plaintiff.
- Section 21-15-2 - Contents of plaintiff's affidavit.
- Section 21-15-3 - Order to defendant to show cause against delivery of property to plaintiff--Procedurein hearing.
- Section 21-15-4 - Undertaking required of plaintiff--Contents--Waiver.
- Section 21-15-5 - Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit.
- Section 21-15-6 - Seizure of property by sheriff--Safekeeping and delivery.
- Section 21-15-7 - Seizure of property kept in building.
- Section 21-15-8 - Papers served on defendant when property seized.
- Section 21-15-9 - Defendant's exception to sufficiency of plaintiff's sureties--Failure to except aswaiver.
Chapter 16 - Forcible Entry And Detainer
- Section 21-16-1 - Grounds for maintenance of action.
- Section 21-16-10 - Judgment for plaintiff--Elements included.
- Section 21-16-11 - Attorney fees taxed as costs.
- Section 21-16-2 - Notice to quit required before commencement of proceedings--Service and return.
- Section 21-16-3 - Jurisdiction of courts.
- Section 21-16-4 - Joinder of actions.
- Section 21-16-5 - Survival of cause despite death of plaintiff.
- Section 21-16-6 - Verified complaint required--Service with summons--Procedure as in other actions.
- Section 21-16-7 - Time allowed for appearance by defendant--Undertaking required for adjournment.
- Section 21-16-8 - Time action brought on for trial--Special venire in jury cases.
- Section 21-16-9 - Certification to circuit court of title and boundary questions raised in magistratecourt.
Chapter 17 - Attachment Of Property [Repealed]
Chapter 17A - Attachment Of Property
- Section 21-17A-1 - Attachment by creditor.
- Section 21-17A-10 - Service on defendant--Appraisal--Inventory--Lien created--Multiple writs executedon same property.
- Section 21-17A-11 - Seizure of property.
- Section 21-17A-12 - Real property attached by filing.
- Section 21-17A-13 - Property subject to attachment--Personal property.
- Section 21-17A-14 - Indemnification--Officer requiring.
- Section 21-17A-15 - Sale of attached property--Grounds--Proceeds held in lieu of property.
- Section 21-17A-16 - Keeping of property by officer--Collections--Legal proceedings.
- Section 21-17A-17 - Defendant's bond for release from attachment--Justification of sureties.
- Section 21-17A-18 - Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility ofofficer.
- Section 21-17A-19 - Modification of writ--Notice of motion--Combining motions.
- Section 21-17A-2 - Issuance and direction of writ--Contents.
- Section 21-17A-20 - Motion to quash writ and release property--Service of notice of motion.
- Section 21-17A-21 - Contents of notice of motion--Affidavit--Grounds.
- Section 21-17A-22 - Hearing on motion--Order of court.
- Section 21-17A-23 - Basis of determination--Additional evidence--Continuance.
- Section 21-17A-24 - Priority of hearing on motion to quash.
- Section 21-17A-25 - Findings and order of court on hearing--Costs taxed--Damages assessed at trial.
- Section 21-17A-26 - Judgment for damages to defendant.
- Section 21-17A-27 - Delivery of property on judgment for defendant--Action on plaintiff's bond.
- Section 21-17A-28 - Satisfaction of judgment for plaintiff--Delivery of remaining property.
- Section 21-17A-29 - Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer.
- Section 21-17A-3 - Affidavit required for execution in debt action--Contents.
- Section 21-17A-30 - Death of defendant--Satisfaction of judgment for plaintiff.
- Section 21-17A-31 - Third party's property--Application for release.
- Section 21-17A-4 - Affidavit required for execution in tort action--Contents.
- Section 21-17A-5 - Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costsfor defendant.
- Section 21-17A-6 - Amendment of affidavit.
- Section 21-17A-7 - Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of stateand subdivisions.
- Section 21-17A-8 - Additional security--Application by defendant--Joint sureties.
- Section 21-17A-9 - Return--Papers filed--Time allowed.
Chapter 18 - Garnishment Of Debts And Property
- Section 21-18-1 - Actions or small claims proceedings in which garnishment available--Persons andagencies subject to garnishment.
- Section 21-18-10 - Service of garnishee summons and affidavit on defendant.
- Section 21-18-11 - Manner of service of summons, affidavit, and garnishment disclosure--Return--Timefor service--Payment and retention of property by garnishee.
- Section 21-18-12 - Liability of garnishee to plaintiff after service of summons.
- Section 21-18-13 - Property held under void title included in garnishee's liability.
- Section 21-18-14 - Judgment not rendered on garnishee's future or contingent liability.
- Section 21-18-14.1 - Continuing lien on wages--Caption of garnishee summons--Disclosure forms.
- Section 21-18-14.2 - Repealed.
- Section 21-18-15 - Judgment not rendered on garnishee's liability on negotiable instrument.
- Section 21-18-16 - Judgment not rendered on foreign corporation's liability paid by negotiableinstrument.
- Section 21-18-17 - Judgment not rendered on carrier's liability for property in interstate commerce.
- Section 21-18-18 - Judgment not rendered against officer for property collected on legal process.
- Section 21-18-19 - Judgment not rendered on money accountable by public officer.
- Section 21-18-2 - Plaintiff and defendant defined.
- Section 21-18-2.1 - Earnings subject to garnishment.
- Section 21-18-20 - Demand by garnishee for complaint in principal action--Dismissal on failure to serve.
- Section 21-18-21 - Defendant's undertaking to release garnishment--Amount and terms--Justification bysureties.
- Section 21-18-22 - Notice to plaintiff of defendant's undertaking--Exceptions and justification bysureties--Discharge of garnishees and return of property.
- Section 21-18-23 - Partial release of garnished funds on application by defendant.
- Section 21-18-24 - Subsequent proceedings against additional or discharged garnishees--Summons andtrial in other counties.
- Section 21-18-25 - Actions by principal defendant against garnishee prohibited during garnishment--Stayof pending proceedings.
- Section 21-18-26 - Garnishee's affidavit denying liability--Form.
- Section 21-18-27 - Garnishee's garnishment disclosure liability--Time of filing--Contents.
- Section 21-18-27.1 - Service of garnishment disclosure form on garnishee--Contents of form.
- Section 21-18-28 - Disclosure of liability when state is garnishee.
- Section 21-18-29 - Disclosure by garnishee not made on information and belief--State excepted.
- Section 21-18-3 - Plaintiff's affidavit for garnishment--Time of filing--Contents.
- Section 21-18-3.1 - Garnishment of earnings prohibited prior to judgment.
- Section 21-18-30 - Garnishee's answer conclusive unless issue taken--Trial of issues.
- Section 21-18-31 - Motion for order on answer of garnishee and defendant--Affidavit.
- Section 21-18-32 - Payment to officer or clerk by garnishee--Discharge.
- Section 21-18-33 - Retention of property disclosed by garnishee until expiration of garnishment, levy,release, or court order--Return of property to defendant.
- Section 21-18-36 - Answer or defense by adverse claimant--Judgment on default.
- Section 21-18-37 - Answer by other parties to affirmative claim set up by adverse claimant.
- Section 21-18-38 - Default judgment for adverse claimant--Trial of issues on adverse claim.
- Section 21-18-39 - Judgment against garnishee on failure to answer.
- Section 21-18-4 - Affidavit covering more than one garnishee--Joint and several proceedings.
- Section 21-18-40 - Judgment not entered against state as garnishee--Summons of state operating asassignment.
- Section 21-18-41 - Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor.
- Section 21-18-42 - Defense of garnishment proceedings by principal defendant--Grounds.
- Section 21-18-43 - Defense of principal action by garnishee.
- Section 21-18-44 - Garnishment proceedings deemed civil action--Procedural rules applicable.
- Section 21-18-45 - Trial of garnishment action deferred until judgment in principal action--Dismissal onjudgment for defendant.
- Section 21-18-46 - Right to jury trial in garnishment proceedings.
- Section 21-18-47 - Terms of judgment on garnishment proceedings--Orders for sale or disposition ofproperty.
- Section 21-18-48 - Judgment against garnishee as discharge of liability to defendant.
- Section 21-18-49 - Costs awarded in garnishment proceedings.
- Section 21-18-5 - Additional statements when state made garnishee.
- Section 21-18-50 - Storage and maintenance expenses allowed to garnishee--Possessory lien.
- Section 21-18-51 - Maximum amount subject to garnishment.
- Section 21-18-52 - Maximum garnishment allowed for support of any person.
- Section 21-18-6 - Garnishee summons annexed to affidavit--Form.
- Section 21-18-7 - Service of summons, affidavit, and garnishment disclosure on garnishee.
- Section 21-18-8 - Service of summons, affidavit, and garnishment disclosure when state is garnishee.
- Section 21-18-9 - Fee paid to garnishee for expense of garnishment disclosure.
- Sections 21-18-34, 21-18-35 - Payment to clerk by state as garnishee--Exoneration of state. Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of
Chapter 19 - Claim Of Homestead And Personal Property Exemptions
- Section 21-19-1 - Definition of terms.
- Section 21-19-10 - Contents of claim of exemptions--Schedule of property.
- Section 21-19-11 - Verification of claim required.
- Section 21-19-12 - Failure to claim additional exemptions as waiver.
- Section 21-19-13 - Relief from default in claiming exemptions--Effect on prior proceedings.
- Section 21-19-14 - Procedure for claim exclusive except as to absolute exemptions.
- Section 21-19-15 - Absolute exemptions not waived by failure to claim--Proceedings to reach homesteadexceeding exemption.
- Section 21-19-16 - Retention of property claimed as exempt until final determination.
- Section 21-19-17 - Application and order for immediate release of items of definite value--Earningsnecessary for support of debtor and family.
- Section 21-19-18 - Release of exempt property on failure of creditor to answer.
- Section 21-19-19 - Creditor's answer to claim of exemptions--Specification of disputed facts andvaluations.
- Section 21-19-2 - Affidavit required to levy on homestead in excess of exemption--Contents--Filingand service of notice of levy and affidavit.
- Section 21-19-20 - Disputed valuation of homestead--Demand for appraisal.
- Section 21-19-21 - Appointment of appraisers.
- Section 21-19-22 - Specification of items to be appraised--Undisputed valuations--Appraisal ofhomestead.
- Section 21-19-23 - Appraisement at fair market value--Completion and filing of appraisement.
- Section 21-19-24 - Hearing on appraisement--Valuations accepted unless questioned--Recitals in courtorder on appraisement.
- Section 21-19-25 - Amendment of papers filed.
- Section 21-19-26 - Order releasing exempt property--Amended claim where exemptions claimed exceedlimitations.
- Section 21-19-27 - Valuation of additional property to permit full benefit of exemptions--Selection andrelease of additional property.
- Section 21-19-28 - Division and setting aside homestead exceeding limitations--Court order wheredivision not feasible.
- Section 21-19-29 - Sale of homestead--Disposition of proceeds--Postponement of sale to permit paymentby debtor.
- Section 21-19-3 - Notice of levy on property--Contents--Statement as to claim of exemptions.
- Section 21-19-4 - Service on debtor of notice of levy.
- Section 21-19-5 - Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy.
- Section 21-19-6 - Court order for substitute method of making service.
- Section 21-19-7 - Retention of property levied after notice to debtor.
- Section 21-19-8 - Sale of perishable property seized--Retention of proceeds.
- Section 21-19-9 - Time allowed for claim of exemptions--Claim by debtor's dependent.
Chapter 20 - Relief Against Oppressive Levies
- Section 21-20-1 - Levy against earnings prohibited within six months after determination of exemption--Change of financial status--Civil penalty for violations.
- Section 21-20-2 - Civil penalty against attorney or agent for levy on earnings after determination ofexemption.
Chapter 21 - Receivership
- Section 21-21-1 - Pending actions in which receivership authorized to prevent loss of property.
- Section 21-21-2 - Receivership in foreclosure actions to prevent loss to mortgaged property.
- Section 21-21-3 - Receivership where corporation dissolved, insolvent or unable to function.
- Section 21-21-4 - Grounds for receivership after judgment.
- Section 21-21-5 - Receivership under usages of equity.
- Section 21-21-6 - Undertaking required of applicant on ex parte appointment of receiver--Amount andterms--Additional undertaking.
- Section 21-21-7 - Party not to be receiver except by consent.
- Section 21-21-8 - Oath and undertaking of receiver.
- Section 21-21-9 - Powers of receiver in collection and management of property.
Chapter 22 - Administration Of Trust Estates
- Section 21-22-1 - Definition of terms.
- Section 21-22-10 - Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond.
- Section 21-22-11 - Bond required despite terms of trust instrument.
- Section 21-22-12 - Appointment of successor on death, resignation, or removal of trustee--Temporarytrustee.
- Section 21-22-13 - Petitions relevant to trust administration--Hearing and court directions to trustee.
- Section 21-22-14 - Annual verified report of trustee--Optional calendar year basis.
- Section 21-22-15 - Final report of trustee--Contents.
- Section 21-22-16 - Objections to trustee's report--Adjournment of hearing.
- Section 21-22-17 - Contents of notice of hearings--Trustee's account attached.
- Section 21-22-18 - Parties served with notice--Personal or mail service.
- Section 21-22-19 - Publication of notice in lieu of personal service.
- Section 21-22-2 - Scope of application of chapter--Statutory proceedings excluded.
- Section 21-22-20 - Proof of service by affidavit.
- Section 21-22-21 - Notice dispensed with by consent of parties.
- Section 21-22-22 - Testimony and examination of reports by court--Questions considered by court.
- Section 21-22-23 - Examination of trustee's reports by court.
- Section 21-22-24 - Referee or accountant appointed to assist in examination of reports--Reportconfidential.
- Section 21-22-25 - Attendance of witnesses and production of evidence at investigations and hearings.
- Section 21-22-26 - Trustee's liability for failure to comply--Forfeiture of compensation--Trustee's actsnot invalidated.
- Section 21-22-27 - Prior settlement and distribution decrees validated--Assertion of vested rights.
- Section 21-22-28 - Petition to protect privacy--Sealing of instruments, inventories, etc.--Availability ofsealed documents.
- Section 21-22-29 - Repealed.
- Section 21-22-3 - Inventory and documents filed by court trustee--Contents.
- Section 21-22-4 - Appointment by nonresident trustee of agent to receive process.
- Section 21-22-5 - County in which trustee's inventory and attached papers filed.
- Section 21-22-6 - Commencement of supervision by court.
- Section 21-22-7 - Petition, hearing and order dispensing with court supervision.
- Section 21-22-7.1 - Notice of entry of order--Requirements.
- Section 21-22-8 - Petition, hearing, and order resuming court supervision.
- Section 21-22-9 - Petition, hearing and order for court supervision of nonjudicial trust--Informationfiled by trustee.
Chapter 23 - Judicial Sales
- Section 21-23-1 - Scope of chapter.
- Section 21-23-10 - Bond required of applicant to sell property.
- Section 21-23-11 - Cash sale at public auction--Terms and security when deferred payments permitted.
- Section 21-23-12 - Report of sale to court for confirmation--Contents of report.
- Section 21-23-13 - Report for confirmation of sale authorized by trust instrument.
- Section 21-23-14 - Examination of report of sale--Order and notice for formal hearing.
- Section 21-23-2 - Application by court officer or trustee for sale of property.
- Section 21-23-3 - Application for sale verified--Contents.
- Section 21-23-4 - Perishable property ordered sold without hearing--Report of sale.
- Section 21-23-5 - Time and place of hearing on application to sell property.
- Section 21-23-6 - Notice to parties of hearing on application--Manner of service prescribed by court.
- Section 21-23-7 - Order for appraisal of property.
- Section 21-23-8 - Court order after hearing on application to sell.
- Section 21-23-9 - Time and notice of sale--Order in which items offered--Upset price.
Chapter 24 - Declaratory Judgment
- Section 21-24-1 - Power of courts to provide declaratory relief--Form and effect of declarations.
- Section 21-24-10 - Judgment refused where controversy would not be terminated.
- Section 21-24-11 - Award of costs.
- Section 21-24-12 - Further relief after declaratory judgment--Application and order to show cause.
- Section 21-24-13 - Review of declaratory orders and judgments.
- Section 21-24-14 - Chapter declared remedial--Liberal construction.
- Section 21-24-15 - Severability of provisions.
- Section 21-24-2 - Person including business associations and public agencies.
- Section 21-24-3 - Construction and determination of validity of written instruments, legislative acts,and franchises.
- Section 21-24-4 - Contract construed before or after breach.
- Section 21-24-5 - Determination of rights under trust or decedent's estate.
- Section 21-24-6 - Declaratory relief powers not limited by specific enumeration.
- Section 21-24-7 - Parties to be joined in action for declaratory relief.
- Section 21-24-8 - Municipality joined in proceeding involving ordinance or franchise--Attorney generaljoined when constitutional question involved.
- Section 21-24-9 - Trial of issues of fact.
Chapter 25 - Submission Of Stipulated Case
- Section 21-25-1 - Stipulation for submission of controversy to court--Affidavit of good faith--Hearingand judgment.
- Section 21-25-2 - Insufficient facts for relief--Amendment of stipulation.
- Section 21-25-3 - Entry of judgment.
Chapter 25A - Enforcement Of Arbitration Agreements
- Section 21-25A-1 - Enforceability of arbitration clauses in written contracts--Labor contracts.
- Section 21-25A-10 - Arbitrators acting by majority.
- Section 21-25A-11 - Time and place of hearing--Notice to parties--Waiver of notice.
- Section 21-25A-12 - Subpoenas issued by arbitrators--Service and enforcement.
- Section 21-25A-13 - Depositions permitted by arbitrators--Compelling testimony.
- Section 21-25A-14 - Hearing by all arbitrators--Continuation when arbitrator ceases to act.
- Section 21-25A-15 - Evidence presented by parties--Cross-examination.
- Section 21-25A-16 - Right to representation by counsel--Waiver ineffective.
- Section 21-25A-17 - Adjournment or postponement of hearing--Failure of party to appear--Court order toproceed promptly.
- Section 21-25A-18 - Witness fees.
- Section 21-25A-19 - Time for making award--Extension of time.
- Section 21-25A-2 - Chapter prospective only.
- Section 21-25A-20 - Award in writing--Delivery to parties.
- Section 21-25A-21 - Modification or correction of award--Application--Notice.
- Section 21-25A-22 - Payment of expenses of proceedings.
- Section 21-25A-23 - Judicial confirmation of award.
- Section 21-25A-24 - Grounds for vacation of award.
- Section 21-25A-25 - Time for application to vacate award.
- Section 21-25A-26 - Confirmation of award on denial of application to vacate.
- Section 21-25A-27 - Rehearing ordered after vacation of award--Time allowed for award on rehearing.
- Section 21-25A-28 - Grounds for modification or correction of award.
- Section 21-25A-29 - Alternative application to modify, correct, or vacate.
- Section 21-25A-3 - Insurance policies not covered--Arbitration agreements void.
- Section 21-25A-30 - Confirmation of award after determining application to correct or modify.
- Section 21-25A-31 - Judgment or decree on confirmed award--Costs.
- Section 21-25A-32 - Filing and docketing of judgment or decree.
- Section 21-25A-33 - Applications by motion--Service of notices.
- Section 21-25A-34 - Venue of applications.
- Section 21-25A-35 - Appeals from orders, judgments, and decrees.
- Section 21-25A-36 - Uniformity of construction of chapter.
- Section 21-25A-37 - Severability of provisions.
- Section 21-25A-4 - Circuit court jurisdiction of proceedings.
- Section 21-25A-5 - Application to compel arbitration--Order to arbitrate or denial of application.
- Section 21-25A-6 - Merits of claim not considered on application to compel arbitration.
- Section 21-25A-7 - Stay of judicial proceedings on arbitrable issue--Severance of issues.
- Section 21-25A-8 - Application to stay arbitration--Order to arbitrate or staying arbitration--Venue ofapplication.
- Section 21-25A-9 - Appointment of arbitrators according to agreement--Appointment by court.
Chapter 25B - Arbitration Agreements Relating To Medical Services
- Section 21-25B-1 - Services covered by arbitration agreements between hospitals or physicians andpatients--Termination as to future services--Effect.
- Section 21-25B-10 - Appointment of arbitration officer--Qualifications--Filing of papers with officer.
- Section 21-25B-11 - Duties of arbitration officer.
- Section 21-25B-12 - Service of claim on defendant--Defendant's statement submitted to arbitrationofficer--Copy to claimant.
- Section 21-25B-13 - Three-member panel selected for small claims--Selection process.
- Section 21-25B-14 - Five-member panel for large claims--Selection process.
- Section 21-25B-15 - Five-member panel for multiple parties--Selection process.
- Section 21-25B-16 - Striking selections for five-member panel.
- Section 21-25B-17 - Refusal to serve as panel member or arbitration officer--Withdrawal after agreementto serve.
- Section 21-25B-18 - Continuation of panel member's service until determination of existing controversy.
- Section 21-25B-19 - Disability or disqualification of panel member--Petition for court-appointedreplacement--Prior exhibits and testimony available--Recommendation by originallyappointing party.
- Section 21-25B-2 - Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability.
- Section 21-25B-20 - Panel members to receive copies of statements.
- Section 21-25B-21 - Two-stage hearings--Waiting period between stages.
- Section 21-25B-22 - Transcription of hearing--Expert witnesses--Expenses of panel members.
- Section 21-25B-23 - Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed topublic.
- Section 21-25B-24 - Records and files of panel closed to public until judgment--Court order fordisclosure--Record filed with clerk of courts.
- Section 21-25B-25 - Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account.
- Section 21-25B-3 - Warning clause required in arbitration agreement.
- Section 21-25B-4 - Health care services arbitration panel created--Composition--Terms--Selection--Replacements.
- Section 21-25B-5 - Health care services arbitration account created--Payment required of claimant priorto commencement of arbitration action--Credit to account.
- Section 21-25B-6 - Institution of claim--Written statement and receipt--Contents of statement.
- Section 21-25B-7 - Joinder of subrogee--Segregation of damages or costs.
- Section 21-25B-8 - Time for commencement of claims--Time for commencement of action in circuitcourt.
- Section 21-25B-9 - Claimant bound by arbitration agreement when claim is filed--Defendant bound aftertwenty days.
Chapter 26 - Confession Of Judgment
- Section 21-26-1 - Causes for which judgment may be entered.
- Section 21-26-2 - Defendant's verified statement--Amount of judgment and authorization included.
- Section 21-26-3 - Facts included in defendant's statement on judgment for money due or to becomedue.
- Section 21-26-4 - Facts stated in defendant's statement on judgment to secure against contingentliability.
- Section 21-26-5 - Presentation of defendant's statement to judge--Docket of judgment.
- Section 21-26-6 - Execution on judgment.
Chapter 27 - Habeas Corpus
- Section 21-27-1 - Right of person detained or imprisoned to apply for writ.
- Section 21-27-1.1 - Penal institution disciplinary sanctions--Writ not available remedy.
- Section 21-27-10 - Contempt and forfeiture by sheriff or jailer for failure to return writ and produceapplicant--Liability for damages unaffected.
- Section 21-27-11 - Transfer or concealment of applicant to avoid writ as felony.
- Section 21-27-12 - Day set for hearing of cause.
- Section 21-27-13 - Denials and new allegations in applicant's answer to return of writ--Amendment ofreturn and suggestions against return.
- Section 21-27-14 - Hearing and disposition of cause by judge.
- Section 21-27-14.1 - Judge to hear application.
- Section 21-27-15 - Judgment not inquired into on writ.
- Section 21-27-16 - Causes for discharge of applicant committed on judicial process.
- Section 21-27-16.1 - Waiver of grounds for relief not raised in application.
- Section 21-27-17 - New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail.
- Section 21-27-18 - Admission to bail of applicant in custody under judicial process.
- Section 21-27-18.1 - Review by Supreme Court--Certificate of probable cause required--Motion forissuance of certificate--Appeal.
- Section 21-27-19 - Admission to bail on grant of writ.
- Section 21-27-2 - Inquiry into delay in bringing criminal prosecution to trial--Powers of court on returnof writ.
- Section 21-27-20 - Supreme Court order required for admission to bail pending application for writ orpending appellate review.
- Section 21-27-21 - Remand to custody or admission to bail pending review of order discharging writ.
- Section 21-27-22 - Bail without surety pending review of order discharging prisoner.
- Section 21-27-23 - Admission to bail by Supreme Court pending review.
- Section 21-27-24 - Terms of bond given on admission to bail--Surety.
- Section 21-27-25 - Order for temporary custody of person not held under judicial process--Securityrequired of person granted custody.
- Section 21-27-26 - Order remanding applicant to custody--Conclusive on second application for writ.
- Section 21-27-3 - Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications.
- Section 21-27-3.1 - Time for application.
- Section 21-27-3.2 - Dismissal of certain delayed applications.
- Section 21-27-4 - Counsel appointed for indigent applicant--Counsel fees and expenses allowed.
- Section 21-27-5 - Writ awarded unless application shows no right to relief.
- Section 21-27-6 - Forfeiture by judge for refusal or delay in issuing writ--Liability for damagesunimpaired.
- Section 21-27-7 - Writ used to produce prisoners for testimony in criminal proceedings.
- Section 21-27-8 - Signature and direction of writ--Endorsement by Habeas Corpus Act.
- Section 21-27-9 - Repealed.
- Section 21-27-9.1 - Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served.
- Section 21-27-9.2 - Production of applicant--Payment of expenses--Applicant in state hospital orpenitentiary.
- Section 21-27-9.3 - Return to writ--Time for filing--Content.
- Sections 21-27-27, 21-27-28 - Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody. Second imprisonment on same cause prohibited after discharge on writ--Circu
Chapter 28 - Remedies In Nature Of Quo Warranto And Scire Facias
- Section 21-28-1 - Civil action available in lieu of writ and proceedings by information.
- Section 21-28-10 - Failure to deliver books and papers to successful claimant as misdemeanor--Proceedings to compel delivery.
- Section 21-28-11 - Action for damages by successful claimant of office.
- Section 21-28-12 - Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds.
- Section 21-28-13 - Leave to bring action against corporation--Notice and hearing of corporation andofficers.
- Section 21-28-14 - Duty of state's attorney to bring action against corporation--Security to indemnifystate.
- Section 21-28-15 - Judgment for dissolution of corporation.
- Section 21-28-16 - Costs awarded in action against corporation--Collection from directors or officers.
- Section 21-28-17 - Injunction, receivership, and distribution on judgment against corporation.
- Section 21-28-18 - Recording by secretary of state of judgment against corporation.
- Section 21-28-19 - Judgment of exclusion against claimant to office or corporation--Costs--Pecuniarypenalty.
- Section 21-28-2 - Persons entitled to bring action--Grounds for action.
- Section 21-28-3 - Designation of parties plaintiff.
- Section 21-28-4 - Relator joined with state as party--Security required to indemnify state.
- Section 21-28-5 - Joinder of several claimants as defendants.
- Section 21-28-6 - Name of person entitled to office set forth in complaint.
- Section 21-28-7 - Arrest and holding to bail of defendant who has received emoluments of office.
- Section 21-28-8 - Judgment on defendant's right to office and right of person allegedly entitled.
- Section 21-28-9 - Execution of office by person adjudged to be entitled--Demand of books and papersfrom defendant.
Chapter 29 - Writ Of Mandamus
- Section 21-29-1 - Power to issue writ--Purposes for which used.
- Section 21-29-10 - Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.
- Section 21-29-11 - Verdict transmitted to court--Hearing on application.
- Section 21-29-12 - Elements included in judgment.
- Section 21-29-13 - Motion for new trial.
- Section 21-29-2 - Writ issued when ordinary remedy inadequate--Application and affidavit.
- Section 21-29-3 - Alternative and peremptory writs--Terms of writ.
- Section 21-29-4 - Grant of writ on default prohibited.
- Section 21-29-5 - Alternative writ issued without notice--Minimum notice required for peremptorywrit.
- Section 21-29-6 - Service of writ--Service on majority of board.
- Section 21-29-7 - Answer to show cause against writ.
- Section 21-29-8 - Hearing by court when no answer made or no questions of fact raised.
- Section 21-29-9 - Objections and proof countervailing answer introduced by applicant at trial.
Chapter 30 - Writ Of Prohibition
- Section 21-30-1 - Counterpart of mandamus--Purposes for which writ used.
- Section 21-30-2 - Power to issue writ where ordinary remedy inadequate.
- Section 21-30-3 - Affidavit and application for writ.
- Section 21-30-4 - Alternative and peremptory writs--Terms of writ.
Chapter 31 - Certiorari
- Section 21-31-1 - Power to grant writ--Purposes for which used.
- Section 21-31-2 - Application for writ on affidavit--Notice to adverse party--Order to show cause.
- Section 21-31-3 - Agency or person to whom writ directed.
- Section 21-31-4 - Direction to certify record--Stay of proceedings.
- Section 21-31-5 - Omission of stay of proceedings discretionary with court.
- Section 21-31-6 - Service of writ.
- Section 21-31-7 - Further return if return of writ defective--Hearing and judgment by court.
- Section 21-31-8 - Scope of review on writ.
- Section 21-31-9 - Judgment roll.
Chapter 32 - Remedies Against The State
- Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.
- Section 21-32-10 - Original action in Supreme Court on claim disallowed by state auditor--Filing ofcomplaint.
- Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.
- Section 21-32-12 - Service of complaint and notice to plead on attorney general--Pleading by attorneygeneral.
- Section 21-32-13 - Trial of action in Supreme Court.
- Section 21-32-14 - Execution not issued against state--Judgment certified to state auditor--Payment ofdamages.
- Section 21-32-15 - Liability insurance--Purchase by state.
- Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.
- Section 21-32-17 - Immunity of state officers, employees, and agents.
- Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.
- Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.
- Section 21-32-2 - Limitation of actions on claims against the state.
- Section 21-32-20 - Sovereign immunity not waived.
- Section 21-32-3 - Filing of petition on claim for which no appointment--Certification to presidingcircuit judge--Appointment of commissioner--Filing if claim arose, or petitionerresides, out of state.
- Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.
- Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.
- Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.
- Section 21-32-7 - Filing of commissioner's findings on claim against the state--Submission to Governorand Legislature--Findings advisory only.
- Section 21-32-8 - State as defendant in actions involving property.
- Section 21-32-9 - Service on attorney general in property action involving state--Appearance andrepresentation of state.
Chapter 32A - Remedies Against Public Entities
- Section 21-32A-1 - Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.
- Section 21-32A-2 - Immunity of employees, officers, or agents--Affirmative defense.
Chapter 33 - Appeals From Administrative Agencies [Repealed]
Chapter 34 - Administrative Process Enforced Under Contempt Powers
- Section 21-34-1 - Administrative actions enforceable under chapter--Statutory violation defined ascontempt.
- Section 21-34-10 - Remissions, suspension, and purging of contempt.
- Section 21-34-11 - Reinvoking contempt process on continuing violation.
- Section 21-34-12 - Judicial power to enforce own order unaffected.
- Section 21-34-13 - Appeal to Supreme Court.
- Section 21-34-2 - Certificate of facts showing violation prepared by officer--Contents.
- Section 21-34-3 - Judge to whom certificate of facts directed.
- Section 21-34-4 - Presentation of certificate to judge--Service of process and copy of certificate onoffender.
- Section 21-34-5 - Procedural matters prescribed by court.
- Section 21-34-6 - Power of court to compel obedience and punish violations--Maximum penalties.
- Section 21-34-7 - Officers empowered to serve process and carry out orders of court.
- Section 21-34-8 - Source of payment for expenses of officials.
- Section 21-34-9 - Costs awarded.
Chapter 35 - Condemnation Under Power Of Eminent Domain
- Section 21-35-1 - Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
- Section 21-35-1.1 - Trans-state transmission line construction--Eminent domain.
- Section 21-35-10 - Publication of summons to unknown or nonresident owners--Personal service outsidestate.
- Section 21-35-10.1 - Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding.
- Section 21-35-11 - Offer to deposit compensation with clerk--Evidence of offer not admissible--Costsavoided.
- Section 21-35-12 - Order to summon jury on default.
- Section 21-35-13 - Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default byplaintiff.
- Section 21-35-14 - Continuance of proceedings as to defendants not served.
- Section 21-35-15 - Issue tried by jury.
- Section 21-35-16 - View of premises by jury.
- Section 21-35-17 - Benefits of municipal improvement considered by jury.
- Section 21-35-18 - Compensation determined for each parcel.
- Section 21-35-19 - Recording of verdict--Judgment on verdict.
- Section 21-35-2 - Contents of petition for ascertainment of compensation.
- Section 21-35-20 - Appeal to Supreme Court--Improvement not delayed--Security for payment of award.
- Section 21-35-21 - Highway provisions not affected--Proceeding cumulative.
- Section 21-35-22 - Defendant's expenses paid by plaintiff on dismissal.
- Section 21-35-23 - Allowance of expenses where judgment greatly exceeds offer.
- Section 21-35-24 - Railroad or gas or electric utility property condemned for coal pipelines--Declarationof taking--Contents.
- Section 21-35-25 - Vesting of title to property and right to compensation.
- Section 21-35-26 - Terms of surrender of possession--Notice--Hearing--Orders of court.
- Section 21-35-27 - Service of declaration of taking on defendants.
- Section 21-35-28 - Amendment of declaration of taking.
- Section 21-35-29 - Deposit with court required.
- Section 21-35-3 - Amendment of petition and notice.
- Section 21-35-4 - Verification of petition--Statement of good faith.
- Section 21-35-5 - Attachment of document authorizing condemnation.
- Section 21-35-6 - Additional pleadings not required.
- Section 21-35-7 - Interpleader of adverse claimants to compensation.
- Section 21-35-8 - Notice of pendency of action filed with register of deeds--Effect of recording.
- Section 21-35-9 - Summons to defendants--Contents.
Chapter 36 - Actions For Escheat Of Property
- Section 21-36-1 - Power of state to maintain actions and proceedings--Prosecution by attorney generalor state's attorney.
- Section 21-36-10 - Publication of summons and complaint--Personal service--Service by mail.
- Section 21-36-11 - Answer to complaint--Reply.
- Section 21-36-12 - Receiver appointed on application by state.
- Section 21-36-13 - Concurrent remedies by action and participation in probate proceedings.
- Section 21-36-14 - Retention of jurisdiction by circuit court for payment of claims and conservation ofestate--Surrender of property to receiver--Stay of proceedings in circuit court.
- Section 21-36-15 - Circuit court not to settle estate unless state has intervened.
- Section 21-36-16 - Claims to distributive shares determined in circuit court--Practice and procedurerules.
- Section 21-36-17 - Judgment for state if no answer or motion served--Proof required.
- Section 21-36-18 - Placement on trial calendar if issue joined.
- Section 21-36-19 - Pleadings and testimony in prior proceedings admissible in evidence.
- Section 21-36-2 - Report by state's attorneys and circuit judges of possible escheats.
- Section 21-36-20 - Hearing and judgment--Costs.
- Section 21-36-21 - Recording of judgment where title to real property determined.
- Section 21-36-22 - Personal property sold--Proceeds held in special fund--Fixtures treated as personalproperty--Credit to school fund.
- Section 21-36-23 - Real property managed by commissioner of school and public lands--Sale ofproperty--Disposition of proceeds.
- Section 21-36-24 - Action by heirs to recover property escheated--Time for bringing action.
- Section 21-36-25 - Summons and complaint of adverse claimant--Answer and trial.
- Section 21-36-26 - Judgment for claimant to escheated property--Restoration of property--Interest notincluded in judgment.
- Section 21-36-27 - Claims to escheated property barred by limitations--Persons under disability.
- Section 21-36-28 - Appeal to Supreme Court.
- Section 21-36-3 - Investigation and bringing of action by attorney general.
- Section 21-36-4 - Intervention in probate proceedings in lieu of bringing action.
- Section 21-36-5 - Direction by Governor for institution of proceedings.
- Section 21-36-6 - State's attorney to assist on request by attorney general.
- Section 21-36-7 - Complaint filed to bring action--Parties defendant.
- Section 21-36-8 - Allegations required in complaint for escheat.
- Section 21-36-9 - Summons filed--Persons to whom directed--Contents.
Chapter 37 - Change Of Name
- Section 21-37-1 - Circuit court power to change names--Pending proceedings and existing rightsunaffected.
- Section 21-37-2 - Residence required for change of name of person--Proceedings.
- Section 21-37-3 - Petition for change of name of person--Contents.
- Section 21-37-3.1 - Single petition for certain family members.
- Section 21-37-4 - Publication of notice of hearing on change of name of person.
- Section 21-37-5 - Hearing and order changing name of person.
- Section 21-37-6 - Change of name of municipality or platted portion--Proceedings.
- Section 21-37-7 - Petition for change of name of municipality or platted portion.
- Section 21-37-8 - Publication of notice of hearing on change of name of municipality of platted portion.
- Section 21-37-9 - Hearing and order on change of name of municipality or platted portion--Proof ofvoters' desire required--Duplication of names avoided.
Chapter 38 - Restoration Of Public Records39. Determination Of Heirship
- Section 21-38-1 - Court records and register of deeds records subject to restoration procedure.
- Section 21-38-10 - Hearing on restoration of record--Proof required.
- Section 21-38-2 - Venue of restoration proceedings.
- Section 21-38-3 - Title of application for restoration.
- Section 21-38-4 - Substance and proposed copy of record shown in application for restoration.
- Section 21-38-5 - Interest of applicant shown in application for restoration.
- Section 21-38-6 - Circumstances of loss or destruction shown in application for restoration.
- Section 21-38-7 - Loss or destruction without fault of applicant shown in application for restoration.
- Section 21-38-8 - Signing and verification of application for restoration.
- Section 21-38-9 - Time and place of hearing on restoration of record--Notice.
Chapter 40 - Boundary Determinations
- Section 21-40-1 - Action against adjoining landowner to determine boundary.
- Section 21-40-2 - Action to determine boundaries of tracts dependent on common landmark.
- Section 21-40-3 - Addition of parties defendant for more complete settlement.
- Section 21-40-4 - Practice and procedural rules.
- Section 21-40-5 - Determination of adverse claims--Survey ordered.
- Section 21-40-6 - Judgment referring to permanent landmarks--Judicial survey--Specifications forjudicial landmark.
- Section 21-40-7 - Filing and recording of report on survey and landmarks--Incorporation of report injudgment.
Chapter 41 - Actions To Quiet Title To Real Property
- Section 21-41-1 - Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant.
- Section 21-41-10 - Validation of prior judgments based on personal service outside state--Rights barredby no action.
- Section 21-41-11 - Contents of complaint.
- Section 21-41-12 - Lis pendens notice filed with register of deeds--Constructive notice--Destruction ofrecords.
- Section 21-41-13 - Disclaimer by defendant to avoid costs.
- Section 21-41-14 - Contents of defendant's answer--Counterclaim permitted.
- Section 21-41-15 - Counterclaim for improvements to include value of land and improvements--Issueand findings on valuation.
- Section 21-41-16 - Judgment on counterclaim for improvements--Payment for land on default byplaintiff.
- Section 21-41-17 - Enforcement against property of claim against deceased defendant.
- Section 21-41-18 - Jurisdiction of court to determine rights in decedents' estates.
- Section 21-41-19 - Jurisdiction of decedent's estate from time of publication of summons.
- Section 21-41-2 - Joinder of causes of action as to different tracts or parcels--Common interestrequired.
- Section 21-41-20 - Inheritance tax determination in action--Service on Department of Revenue andRegulation--Judgment of freedom from inheritance tax.
- Section 21-41-21 - Obsolete.
- Section 21-41-22 - Allowance of plaintiff's claim for improvements--Value alleged in complaint.
- Section 21-41-23 - Judgment for defendant requiring payment for plaintiff's improvements--Payment forland on default by defendant.
- Section 21-41-24 - Bond required to indemnify against defenses permitted after judgment.
- Section 21-41-3 - Request before action for quitclaim deed--Expense tendered--Costs and attorney feetaxed if plaintiff successful in action.
- Section 21-41-4 - Joinder of parties plaintiff.
- Section 21-41-5 - Joinder of known claimants as defendants.
- Section 21-41-6 - Joinder of unknown claimants as defendants--Proof of want of knowledge.
- Section 21-41-7 - Filing of complaint and summons--Form for summons.
- Section 21-41-8 - Service of summons on named defendants.
- Section 21-41-9 - Service by publication on unknown defendants--Mail service not required--Effect ofservice by publication.
Chapter 42 - Actions To Quiet Tax Title
- Section 21-42-1 - Tax purchasers entitled to bring action--Purpose of action.
- Section 21-42-10 - Redemption of land by defendant--Certificate of redemption--Apportionment of taxesassessed--Personal property taxes.
- Section 21-42-11 - Appearance by defendant--Defenses permitted.
- Section 21-42-12 - Venue of action.
- Section 21-42-13 - Proof required on default judgment--Treasurer's certificate as prima facie evidence.
- Section 21-42-14 - Findings of fact and conclusions of law.
- Section 21-42-15 - Bond required of plaintiff to indemnify against successful defense after judgment.
- Section 21-42-16 - Contents of judgment--Direction to issue deed--Costs.
- Section 21-42-17 - Tax deed issued by treasurer--Form--Acknowledgment.
- Section 21-42-18 - Estate vested in grantee by deed.
- Section 21-42-19 - Relief from default judgment.
- Section 21-42-2 - Time of bringing action.
- Section 21-42-20 - Bond not required of county--Liability on successful defense after judgment.
- Section 21-42-3 - Delinquent taxes paid before action brought.
- Section 21-42-4 - Commencement by summons and complaint--Party plaintiff--Known and unknownparties defendant.
- Section 21-42-5 - Joinder of different tracts in same action--Joinder of parties defendant.
- Section 21-42-6 - Contents of complaint.
- Section 21-42-7 - Procedural rules not exclusive of other procedures to perfect tax title.
- Section 21-42-8 - Summons and complaint in same form as for civil actions--Service as in quiet titleactions.
- Section 21-42-9 - Lis pendens notice recorded by register of deeds--Destruction of records.
Chapter 43 - Actions To Determine Claims To Personalty And To Release Surety
- Section 21-43-1 - Action to determine adverse claim to money, property or chose in action.
- Section 21-43-2 - Action by surety to compel satisfaction of debt.
Chapter 44 - Termination Of Life Estates
- Section 21-44-1 - Definition of terms.
- Section 21-44-10 - Proceedings for determination of inheritance tax due--Inventory--Service onDepartment of Revenue and Regulation--Jurisdiction to determine tax.
- Section 21-44-11 - Validation of prior inheritance tax determinations in circuit court.
- Section 21-44-12 - Persons permitted to appear at hearing on termination of estate.
- Section 21-44-13 - Procedure on contested petitions.
- Section 21-44-14 - Inquiry and proof required on uncontested petition.
- Section 21-44-15 - Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant.
- Section 21-44-16 - Statement or affidavit establishing death of person in military service.
- Section 21-44-17 - Presumption of death after seven years' absence.
- Section 21-44-18 - Denial of petition if proof insufficient--Order to proceed in quiet title action.
- Section 21-44-19 - Judgment finding life tenant deceased and terminating life estate--Effect of judgment.
- Section 21-44-2 - Recording of death certificate for joint tenant or life tenant--Prima facie evidence--Recording of inheritance tax determination--Affidavit identifying property involved.
- Section 21-44-20 - Validation of prior proceedings as to personal property.
- Section 21-44-21 - Validation of prior proceedings joining different claims as to personal property--Protection of vested rights.
- Section 21-44-22 - Validation of prior proceedings where notice or allegations were insufficient.
- Section 21-44-23 - Recording of judgment terminating estate--Prima facie evidence.
- Section 21-44-24 - Action to set aside judgment terminating estate--Bona fide purchaser orencumbrancer protected.
- Section 21-44-25 - Prospective and retrospective application of chapter.
- Section 21-44-26 - Remedy not exclusive.
- Section 21-44-3 - Proceeding for termination of life estate--Contents of verified petition.
- Section 21-44-4 - Joinder of proceedings as to two or more life tenants.
- Section 21-44-5 - Joinder of proceedings as to all property held by life tenant.
- Section 21-44-6 - Life estates in personal property subject to termination--Joinder with proceedings asto real property.
- Section 21-44-7 - Lis pendens notice required if property in another county affected.
- Section 21-44-8 - Order fixing time and place for hearing on petition--Contents.
- Section 21-44-9 - Publication of notice of hearing--Mail notice to parties--Other notice ordered bycourt.
Chapter 45 - Partition And Sale Of Real Estate
- Section 21-45-1 - Property subject to partition or sale--Persons entitled to bring action.
- Section 21-45-10 - Validation of prior appearances by personal representatives.
- Section 21-45-11 - Contents of answer.
- Section 21-45-12 - Trial and determination of rights of parties in property--Rights of unknown persons.
- Section 21-45-13 - Abstract of title required--Notice of availability--Custody and inspection--Allowanceas costs.
- Section 21-45-14 - Interest allowed on disbursements directed by court.
- Section 21-45-15 - Order directing partition of property--Referees appointed.
- Section 21-45-16 - Partition by original cotenancies--Further partition or cotenancy.
- Section 21-45-17 - Partition according to respective rights of parties--Surveys and landmarks.
- Section 21-45-18 - Road or street set aside before partition or sale.
- Section 21-45-19 - Unequal division with compensatory payments between parties.
- Section 21-45-2 - Consent by conservator to partition without action.
- Section 21-45-20 - Report of referees on partition made.
- Section 21-45-21 - Expenses and fees apportioned among parties.
- Section 21-45-22 - Court action on referees' report--Appointment of new referees.
- Section 21-45-23 - Judgment of partition--Persons bound by judgment.
- Section 21-45-24 - Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties.
- Section 21-45-25 - Tenants for years not affected by judgment.
- Section 21-45-26 - Judgment survives death of party.
- Section 21-45-27 - Lien on undivided interest chargeable to share allocated--Partition costs preferred.
- Section 21-45-28 - Sale ordered when partition not practical--Appointment of referees.
- Section 21-45-29 - Estate for life or years set off in part of property not sold.
- Section 21-45-3 - Persons to whom summons directed--General direction to unknown persons.
- Section 21-45-30 - Sale at public auction to highest bidder--Publication of notice of sale.
- Section 21-45-31 - Order for sale at site of property--Reservation of power to receive higher bid athearing.
- Section 21-45-32 - Credit terms ordered by court and announced at sale--Separate sale of distinct tracts.
- Section 21-45-33 - Referees and conservators disqualified from purchasing at sale.
- Section 21-45-34 - Purchase by cotenant or lien holder.
- Section 21-45-35 - Payment to guardian of proceeds of sale.
- Section 21-45-36 - Undertaking required of conservator receiving proceeds of sale.
- Section 21-45-37 - Security taken by referees delivered to parties for agreed or adjudicated shares--Filingof agreement and receipt.
- Section 21-45-38 - Separate securities taken in names of parties by referees.
- Section 21-45-39 - Distribution by referees of proceeds of sale--Payment into court.
- Section 21-45-4 - Grantees and lien holders need not be joined unless claim recorded.
- Section 21-45-40 - Clerk of courts to take and hold security and investment of proceeds.
- Section 21-45-43 - Higher and better bid filed before confirmation of sale.
- Section 21-45-44 - Sale not confirmed if higher and better bid filed--Successive bids at hearing--Orderdirecting conveyance to highest bidder.
- Section 21-45-45 - Confirmation ex parte when no exceptions or higher bids filed--Order forconveyance.
- Section 21-45-46 - Sale valid from time of confirmation--Recording of certified copy of order.
- Section 21-45-47 - Validation of prior proceedings in which sales confirmed--Rights barred by no action.
- Section 21-45-48 - Recording of conveyance--Persons barred by recorded conveyance.
- Section 21-45-49 - Disposition of proceeds directed by order confirming sale.
- Section 21-45-5 - Service of summons--Description included when served by publication.
- Section 21-45-50 - Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony.
- Section 21-45-51 - Application of proceeds of sale of encumbered property.
- Section 21-45-52 - Lien holder required to resort to other secured property.
- Section 21-45-53 - Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant.
- Section 21-45-54 - Compensation for future estate--Payment or investment of compensatory share.
- Section 21-45-55 - Investment of proceeds of sale for unknown or nonresident owner.
- Section 21-45-6 - Interests of parties set forth in complaint--Allegations as to unknown and contingentinterests.
- Section 21-45-7 - Lis pendens notice required--Constructive notice.
- Section 21-45-8 - Lien holders and encumbrancers of record joined by order of court--Referee todetermine status of liens and encumbrances.
- Section 21-45-9 - Notice to lien holders to appear before referee--Service of notice--Report of referee.
- Sections 21-45-41, 21-45-42 - Report of sale filed with clerk of courts--Contents. Exceptions to return of sale--Order fixing time and place for hearing
Chapter 46 - Partition And Sale Of Personal Property
- Section 21-46-1 - Property subject to partition or sale--Persons entitled to bring action.
- Section 21-46-2 - Venue of action.
- Section 21-46-3 - Procedure for partition or sale.
Chapter 47 - Actions To Foreclose Real Property Mortgages
- Section 21-47-1 - Venue of foreclosure actions--Service outside county on nonresident defendant.
- Section 21-47-10 - Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default.
- Section 21-47-11 - Sale by parcels to pay delinquent installments--Subsequent sales on later default.
- Section 21-47-12 - Sale of entire tract and payment of installments due--Investment and payment ofsubsequent installments to plaintiff--Surplus for benefit of defendant.
- Section 21-47-13 - Judgment of foreclosure and sale of premises--Sale by parcels--Delivery ofpossession deferred during period of redemption.
- Section 21-47-14 - Officer by whom sale made--Place and notice of sale--Levy on execution notrequired.
- Section 21-47-15 - Purchase by mortgagee at sale--Fair and reasonable bid required.
- Section 21-47-16 - Proof required of mortgagee bidding less than amount of debt--Court decreepermitting bid--Execution for deficiency.
- Section 21-47-17 - Foreclosure as complete satisfaction of debt--Exception.
- Section 21-47-18 - Application of proceeds of sale--Investment of unclaimed surplus.
- Section 21-47-19 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.
- Section 21-47-2 - Service by publication on nonresident, absent or unknown defendants.
- Section 21-47-20 - Execution for balance unsatisfied by proceeds of sale.
- Section 21-47-21 - Certificate of sale issued to purchaser.
- Section 21-47-22 - Prior certificates validated despite delay in recording--Rights barred by no action.
- Section 21-47-23 - Redemption procedure.
- Section 21-47-24 - Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed.
- Section 21-47-24.1 - Lien priority in crops determined by Uniform Commercial Code.
- Section 21-47-3 - Joinder as party defendant of person liable on debt secured--Deficiency judgmentagainst persons liable.
- Section 21-47-4 - Previous actions for collection of debt to be disclosed by complaint.
- Section 21-47-5 - Foreclosure not permitted after money judgment unless execution returnedunsatisfied.
- Section 21-47-6 - Proceedings at law not had while foreclosure action pending.
- Section 21-47-7 - Injunction to restrain injury to property during existence of lien or foreclosure.
- Section 21-47-8 - Dismissal of complaint on payment into court of installments then due.
- Section 21-47-9 - Examination of premises on judgment for plaintiff.
Chapter 48 - Foreclosure Of Real Property Mortgage By Advertisement
- Section 21-48-1 - Foreclosure by advertisement available if mortgage contains power of sale.
- Section 21-48-10 - Time and place of sale--Officer making sale.
- Section 21-48-11 - Postponement of sale--Notice.
- Section 21-48-12 - Sale by parcels--Sale terminated when sufficient amount raised.
- Section 21-48-13 - Purchase by mortgagee at sale.
- Section 21-48-14 - Proof of value required for deficiency judgment after purchase by mortgagee--Otherpurchasers unaffected--Negotiability of instruments protected.
- Section 21-48-15 - Costs, disbursements and attorney fees allowed from proceeds of sale.
- Section 21-48-16 - Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lienholders of deposit of surplus.
- Section 21-48-17 - Investment of surplus proceeds deposited with clerk.
- Section 21-48-18 - Cancellation or endorsement of evidence of debt on application of proceeds of sale.
- Section 21-48-19 - Certificate of sale given to purchaser--Contents--Execution and recording.
- Section 21-48-2 - Recording of mortgage and assignments required before foreclosure.
- Section 21-48-20 - Prior certificates validated despite delay in recording--Rights barred by no action.
- Section 21-48-21 - Deed given on expiration of time for redemption--Mortgagor entitled to harvest cropsplanted before issuance of deed.
- Section 21-48-22 - Validation of prior proceedings on which deed issued--Time allowed for protectionof existing rights.
- Section 21-48-22.1 - Prior foreclosure sales validated despite defects--Rights barred by no action.
- Section 21-48-23 - Record of foreclosure sale--Affidavits and certificate recorded--Notation by registerof deeds.
- Section 21-48-24 - Affidavits recorded to show compliance with federal acts.
- Section 21-48-25 - Interest vested in purchaser by recording of instruments.
- Section 21-48-3 - Default required before foreclosure.
- Section 21-48-4 - Foreclosure not permitted after action at law to recover debt unless executionreturned unsatisfied.
- Section 21-48-5 - Mortgage for installments deemed separate mortgage for each installment--Effect ofredemption by installments.
- Section 21-48-6 - Publication of notice of foreclosure--Contents of notice.
- Section 21-48-6.1 - Written notice of foreclosure sale required--Time--Parties.
- Section 21-48-7 - Validation of prior foreclosures by receivers and personal representatives--Rightsbarred by no action.
- Section 21-48-8 - Continuation of foreclosure proceedings despite changes in county boundaries orstatus.
- Section 21-48-9 - Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee.
Chapter 48A - Nonjudicial Voluntary Foreclosure
- Section 21-48A-1 - Voluntary foreclosure procedure--Notice.
- Section 21-48A-2 - Lien released upon failure of junior lienholder to redeem.
- Section 21-48A-3 - Possession of property by mortgagee.
- Section 21-48A-4 - Judicial foreclosure action by junior lienholder before redemption period.
Chapter 49 - Short-Term Redemption Mortgages
- Section 21-49-11 - Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law.
- Section 21-49-12 - Clause subjecting mortgage to chapter--Caption required--Mortgagor's rightto possession of property during redemption period.
- Section 21-49-13 - Provisions includable in mortgage--Satisfaction of notice requirements.
- Section 21-49-14 - Forms of mortgages authorized--Address and description requirements notapplicable.
- Section 21-49-15 - Commencement of foreclosure or satisfaction action--Service of process onnonresident defendant--Required defendants.
- Section 21-49-16 - Service by publication.
- Section 21-49-17 - Joinder of other persons liable--Judgment and enforcement of judgment asagainst mortgagor.
- Section 21-49-18 - Other recovery proceedings to be stated in complaint.
- Section 21-49-19 - Money judgment as precluding foreclosure unless execution remainsunsatisfied.
- Section 21-49-20 - Recovery proceedings not allowed pending foreclosure action.
- Section 21-49-21 - Time for defendant's answer.
- Section 21-49-22 - Injunction against injury to property--Duration.
- Section 21-49-23 - Judgment rendered for amount due and costs--Sale of property and deliveryto purchaser--Lien priorities.
- Section 21-49-24 - Sale by court-appointed officer--Levy not required.
- Section 21-49-25 - Notice of sale--Contents.
- Section 21-49-26 - Mortgagee may purchase at sale--Bid required.
- Section 21-49-27 - Bid of less than full debt amount--Requirements--Execution for deficiency.
- Section 21-49-28 - Foreclosure as complete satisfaction of debt.
- Section 21-49-29 - Application of sale proceeds.
- Section 21-49-30 - Certificate of sale to purchaser--Contents--Recording--Commencement ofredemption period.
- Section 21-49-31 - Redemption defined.
- Section 21-49-32 - Waste of property restrained during redemption period.
- Section 21-49-33 - Right of judgment debtor and lien holders to redeem.
- Section 21-49-34 - Payments by persons redeeming.
- Section 21-49-35 - Notice of redemption--Form--Recording.
- Section 21-49-36 - Certificate of redemption--Contents.
- Section 21-49-37 - Recording certificate of redemption.
- Section 21-49-38 - Deed issued after short redemption or abandonment period--Maximumperiod.
- Section 21-49-39 - Repealed.
- Sections 21-49-1 to 21-49-10 - Repealed
Chapter 50 - Foreclosure Of Real Estate Contracts
- Section 21-50-1 - Foreclosure action brought on default in executory contract.
- Section 21-50-2 - Repealed.
- Section 21-50-3 - Time allowed by judgment for compliance with terms of contract--Final judgmentbarring rights on failure to comply.
- Section 21-50-4 - Costs and attorney fee awarded in judgment.
- Section 21-50-5 - Receipt or affidavit establishing record of compliance with judgment.
- Section 21-50-6 - Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts.
Chapter 51 - Discharge Of Recorded Liens And Real Estate Contracts
- Section 21-51-1 - Limitation of actions on real property contract--Contract void after fifteen years.
- Section 21-51-10 - Recording of judgment--Effect as discharge.
- Section 21-51-11 - Remedy not exclusive.
- Section 21-51-12 - Removal of counterfeit lien--Filing of action.
- Section 21-51-2 - Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract.
- Section 21-51-3 - Petition or complaint for discharge of record--Contents and allegations required.
- Section 21-51-4 - Joinder of two or more applications for discharge.
- Section 21-51-5 - Signature and verification of petition or complaint.
- Section 21-51-6 - Order fixing time for hearing on petition or complaint--Notice.
- Section 21-51-7 - Publication and posting of notice of hearing.
- Section 21-51-8 - Proof required on hearing--Objections to relief requested.
- Section 21-51-9 - Judgment discharging instrument and record--Contents and effect of judgment.
Chapter 52 - Redemption From Sale On Execution Or Foreclosure
- Section 21-52-1 - Redemption defined--Sales subject to redemption.
- Section 21-52-10 - Hearing and determination of amount required to redeem separate tract--Certificateof redemption--Credit on price paid at sale.
- Section 21-52-11 - Minimum time allowed for redemption--Exception for short-term redemptionmortgage.
- Section 21-52-12 - Methods of extending time for redemption--Execution and recording of agreementfor extension--Redemptioners affected by agreement.
- Section 21-52-13 - Extension of redemption period by payment of amounts then due--Certificate ofpayment--Recording.
- Section 21-52-14 - Amounts required for redemption from sale--Superior lien of purchaser included.
- Section 21-52-15 - Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor.
- Section 21-52-16 - Notice of redemption served on purchaser or sheriff--Contents--Payment--Recordingof notice.
- Section 21-52-17 - Proof of interest not required of party of record.
- Section 21-52-18 - Proof of interest required of successor in interest.
- Section 21-52-19 - Successive redemptions by junior lien holders.
- Section 21-52-2 - Waste restrained during period of redemption--Uses of property not consideredwaste.
- Section 21-52-20 - Amounts payable to junior lien holders.
- Section 21-52-21 - Amounts payable on partial redemptions.
- Section 21-52-22 - Successive extensions of time on successive redemptions.
- Section 21-52-23 - Time allowed for exercise of owner's final right of redemption.
- Section 21-52-24 - Effect of sale terminated on final redemption by owner.
- Section 21-52-25 - Certificate of redemption issued by sheriff--Contents of certificate--Statement ofamount required for further redemption.
- Section 21-52-26 - Certificate of final redemption.
- Section 21-52-27 - Recording of certificates of redemption.
- Section 21-52-28 - Redemption by cotenant--Other cotenants obligated to contribute.
- Section 21-52-29 - Service of notice and demand by cotenant making redemption--Notice of foreclosureby failure to contribute.
- Section 21-52-3 - Estates subject to redemption.
- Section 21-52-30 - Recording and service of notice by cotenant making redemption--Constructive notice.
- Section 21-52-31 - Delivery and recording of certificate to cotenant making contribution.
- Section 21-52-4 - Foreclosure and execution sales subject to redemption.
- Section 21-52-5 - Persons entitled to redeem.
- Section 21-52-6 - Distinction between redemptioners abolished.
- Section 21-52-7 - Owner's final right of redemption--Time allowed after expiration of other redemptionperiods.
- Section 21-52-8 - Action to redeem separate tract sold in combined sale--Determination of amountrequired for redemption.
- Section 21-52-9 - Redemptioner to redeem entire property.
Chapter 53 - Actions To Foreclose Liens On Personal Property
- Section 21-53-1 - Liens subject to foreclosure--Jurisdiction and venue of action.
- Section 21-53-2 - Description of lien in judgment--Directions for sale of property.
- Section 21-53-3 - Provisions in judgment for payment and safekeeping of surplus.
Chapter 54 - Foreclosure Of Personal Property Liens And Pledges By Advertisement
- Section 21-54-1 - Remedy available where no other summary procedure provided.
- Section 21-54-10 - Sale at auction to highest bidder--Purchase by lien holder.
- Section 21-54-11 - Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title.
- Section 21-54-12 - Surplus paid to owner or clerk of courts.
- Section 21-54-13 - Civil action for deficiency.
- Section 21-54-14 - Report of proceedings--Contents and time of filing.
- Section 21-54-15 - Sale of abandoned mobile or manufactured home by real property owner--Notice tomobile or manufactured home owner of intent to sell.
- Section 21-54-16 - Notice to county treasurer of intent to sell.
- Section 21-54-17 - Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title.
- Section 21-54-18 - Permit to move abandoned mobile home or manufactured home.
- Section 21-54-2 - Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedurenot prescribed.
- Section 21-54-3 - Owner's affidavit of defense to summary foreclosure--Injunction requiringforeclosure by action--Costs taxed if defense not established.
- Section 21-54-4 - Affidavit of lien recorded if lien not previously recorded.
- Section 21-54-5 - Notice of sale issued--Contents.
- Section 21-54-6 - Service of notice of sale--Mailing, publication and posting.
- Section 21-54-7 - Place of sale--Notice of public access.
- Section 21-54-8 - Time of sale--Adjournment to following day.
- Section 21-54-9 - Sale of property in parts--Order of sale--Termination when sufficient amount raised.
Chapter 55 - Actions For Wrongful Life Prohibited
- Section 21-55-1 - Action or damages for conception or birth prohibited--"Conception" defined.
- Section 21-55-2 - Action or damages for birth of another prohibited.
- Section 21-55-3 - Consideration of failure to prevent live birth restricted in actions.
Chapter 56 - General Provisions
Chapter 57 - Recovery Of Damages For Instruments Not Paid Upon Presentment
- Section 21-57-1 - Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction.
- Section 21-57-2 - Final judgment required before liability asserted.
- Section 21-57-3 - No liability in certain circumstances.
- Section 21-57-4 - Notice of dishonor--Writing--Service.
- Section 21-57-5 - Notice of dishonor--Information required.
Chapter 58 - Limited Liability For Manufacture, Distribution Or Sale Of Firearms
Chapter 59 - Limited Liability For Year 2000 Litigation [Repealed]
Chapter 60 - Action For Destruction Of Field Crops, Animals And Organisms
Chapter 61 - Commonsense Consumption