21-19-13 Relief from default in claiming exemptions--Effect on prior proceedings.
Relief from default in claiming exemptions--Effect on prior proceedings.
in the making of a claim of exemptions may be relieved at any time while such levy remains in force
upon notice to the creditor, and upon showing satisfactory to the court of reasonable excuse. Relief
from such default shall not in any manner whatever affect the validity of any proceedings previously
As to any sales made under such levy to any person who is in effect acting for the creditor
or in collusion with the creditor, property so sold shall be treated as if in the possession
of the creditor;
As to any property still in possession of the officer or in the possession of the creditor,
whether through sales or otherwise or deemed in the possession of the creditor under
subdivision (1) of this section; and as to proceeds of any sales other than sales specified
in subdivision (1), the same shall be subject to claim of exemptions only upon such terms
as the court deems just, which terms must be such that the creditor shall be reimbursed
for all expenses, including reasonable attorney's fees necessarily incurred subsequent to
the time when such claim for exemptions should have been made as provided in § 21-19-9.
SDC 1939 & Supp 1960, § 37.4903.