§ 21-23-3 Application for sale verified--Contents.

SD Codified L § 21-23-3 (2019) (N/A)

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21-23-3. Application for sale verified--Contents. The application for leave to sell shall be verified and shall state the following particulars:

(1) The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof;

(2) The name of the receiver or other officer having custody of the property, with reference to the court order or decree giving him possession and custody thereof;

(3) The name of the persons beneficially interested in such property and the nature of their interests so far as known to the applicant; whenever there has been filed in the trust or proceeding a list of the names of the persons beneficially interested, the petitioner may refer to such list and by reference incorporate it in the petition without setting out therein the names of all persons beneficially interested;

(4) A description of the property as to which sale is desired;

(5) A statement of its value, and whether an appraisal thereof has been made by order of court and the date of such appraisal, if any;

(6) The reason why a sale is desired or necessary.Source: Supreme Court Order No. 2 (3) adopted October 12, 1944; SDC Supp 1960, § 33.26A03.

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