53-4-3. Duress defined.Duress consists in:(1)Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or(2)Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or(3)Actual or threatened unlawful violent injury to the person or property of any such person or persons; or(4)Actual or threatened injury to the character of any such person or persons; or(5)Actual unlawful detention of the property of any such person. Source: CivC 1877, §§880, 881; CL 1887, §§3504, 3505; RCivC 1903, §§1198, 1199; RC 1919, §§813, 814; SDC 1939, §10.0305. 53-4-3. Duress defined.Duress consists in:(1)Actual or threatened unlawful confinement of the person of the party, or of husband or wife of such party, or of an ancestor, descendant, or adopted child of such party, husband, or wife; or(2)Actual or threatened confinement of any such person or persons lawful in form but fraudulently obtained or fraudulently made unjustly harassing or oppressive; or(3)Actual or threatened unlawful violent injury to the person or property of any such person or persons; or(4)Actual or threatened injury to the character of any such person or persons; or(5)Actual unlawful detention of the property of any such person. Source: CivC 1877, §§880, 881; CL 1887, §§3504, 3505; RCivC 1903, §§1198, 1199; RC 1919, §§813, 814; SDC 1939, §10.0305.
South Dakota Legal Code