Section 21-44-17 - Presumption of death after seven years' absence

21-44-17. Presumption of death after seven years' absence.If any person upon whose life any estate or interest in property depends, remains without the United States or absents himself in the state or elsewhere for seven years together, such person must be accounted naturally dead in any action or special proceeding concerning any such property in which his death shall come in question unless sufficient proof be made in such case that he is living. Source: CCivP 1877, §498; CL 1887, §5312; RCCivP 1903, §537; RC 1919, §2729; SDC 1939, §36.0205; SL 1957, ch 191.