Section 43-34-5 - Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership

43-34-5. Use of materials of different owners to form a thing of new description--Inseparable without inconvenience--Common ownership.When one has made use of materials which in part belong to him and in part to another, in order to form a thing of a new description without having destroyed any of the materials but in such a way that they cannot be separated without inconvenience, the thing formed is common to both proprietors in proportion, as respects the one, of the materials belonging to him, and as respects the other, of the materials belonging to him and the price of his workmanship. Source: CivC 1877, §594; CL 1887, §3217; RCivC 1903, §910; RC 1919, §512; SDC 1939, §51.1202.