20-4-8. Application of performance according to creditor's selection--Application to rights held individually and as trustee--Rescission of application made by creditor.If no application be made pursuant to §20-4-7, the creditor, within a reasonable time after such performance, may apply it toward the extinction of any obligation, performance of which was due to him from the debtor at the time of such performance; except that if similar obligations were due to him, both individually and as a trustee, he must, unless otherwise directed by the debtor, apply the performance to the extinction of all such obligations in equal proportion; and an application once made by the creditor cannot be rescinded without the consent of the debtor. Source: CivC 1877, §833, subdiv 2; CL 1887, §3457, subdiv 2; RCivC 1903, §1150, subdiv 2; RC 1919, §757 (2); SDC 1939, §47.0207 (2).
South Dakota Legal Code