21-45-1. Property subject to partition or sale--Persons entitled to bring action.When several cotenants hold and are in possession of real property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appear that a partition cannot be made without great prejudice to the owners. Source: CCivP 1877, §548; CL 1887, §5362; RCCivP 1903, §587; RC 1919, §2798; SDC 1939 & Supp 1960, §37.1401.
South Dakota Legal Code