An involuntary deposit is made:

(1) By the accidental leaving or placing of personal property in the possession of any person, without negligence on the part of its owner; or

Terms Used In South Dakota Codified Laws 43-39-3

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.

(2) In cases of fire, shipwreck, inundation, insurrection, riot, or like extraordinary emergencies, by the owner of personal property committing it, out of necessity, to the care of any person.

The person with whom a thing is so deposited is bound to take charge of it, if able to do so.

Source: CivC 1877, §§ 1035, 1036; CL 1887, §§ 3659, 3660; RCivC 1903, §§ 1354, 1355; RC 1919, §§ 971, 972; SDC 1939, § 60.0101 (2).