21-3-5 General measure of damages for wrongful occupation of real property.
General measure of damages for wrongful occupation of real property.
caused by the wrongful occupation of real property, in cases not embraced in §§ 21-3-6 to 21-3-9,
inclusive, is deemed to be the value of the use of the property for the time of such occupation, not
exceeding six years next preceding the commencement of the action or proceeding to enforce the
rights to damages, and the costs, if any, of recovering the possession.
Source: CivC 1877, § 1968; CL 1887, § 4601; RCivC 1903, § 2313; RC 1919, § 1985; SDC 1939
& Supp 1960, § 37.1903.