If possession of animals taken into the sheriff’s possession pursuant to § 40-28-11 shall not be recovered from the sheriff by the owner or person who had the same in charge as provided in § 40-28-14, within three days after such taking, then the sheriff shall forthwith proceed to foreclose the lien provided by § 40-28-12 by a sale of the animals taken, upon the notice and in the manner provided by law for the foreclosure of chattel mortgages. If the owner or person having such animals in charge is known, such sale may be had upon three days’ notice to be given by the sheriff to such owner or person having such animals in charge and to any person or persons holding a lien of record against such animals, such notices to be served in the same manner as provided for service of summons in civil actions.

Terms Used In South Dakota Codified Laws 40-28-15

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.

Source: SL 1925, ch 294; SDC 1939 & Supp 1960, § 37.2403.