§ 44-9-29 Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim.

SD Codified L § 44-9-29 (2019) (N/A)

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44-9-29. Enforcement of lien--Application to make all interested persons parties--Order of court, publication--Rights barred by failure to appear and assert claim. Upon the application of the plaintiff, or anyone claiming an interest in the property, the court may make an order requiring all persons claiming any interest in the property or lien thereon to appear in the action, either by complaint in intervention or by answer, and to set up whatever rights, claims, or interests they may have in and to the property involved in the action, within a time to be fixed by the court in its order, which shall not be less than sixty days after the first publication of the same. The order shall be published in a legal newspaper of the county once each week for at least four weeks, and if within the time specified in said order, any party shall not appear and assert his claim by proper pleading, he shall be forever barred from claiming any right, lien, or interest against the property, and judgment shall be entered in favor only of those who appear and establish their liens, claims or interests.

Source: SL 1909, ch 51, § 7; SL 1915, ch 243, § 7; RC 1919, § 1637; SDC 1939, § 39.0713.

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§ 44-9-30 Consolidations of actions for foreclosure of liens upon same property--Order of court--Rights of parties protected.