South Dakota Codified Laws 43-25-16. Condition precedent in grant of real property–Performance necessary to pass estate
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An instrument purporting to be a grant of real property, to take effect upon condition precedent, passes the estate upon the performance of the condition.
Terms Used In South Dakota Codified Laws 43-25-16
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Source: CivC 1877, § 633, subdiv 3; CL 1887, § 3254, subdiv 3; RCivC 1903, § 947, subdiv 3; RC 1919, § 555 (3); SDC 1939, § 51.1414 (3).