South Dakota § 54-8-2 - Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.
Full text of South Dakota South Dakota Codified Laws § 54-8-2 — Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors., with citation guidance and answers to common questions.
§ 54-8-2. Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.
Every transfer of personal property other than a thing in action, which is not evidenced by a bill of sale filed in the office of the register of deeds of the county wherein such property is situated or of the county to which such county is attached for judicial purposes, and every lien thereon, other than a mortgage, when allowed by law is conclusively presumed, if made by a person having at the time the possession or control of the property and not accompanied by an immediate delivery and followed by an actual and continued change of possession of the thing transferred, to be fraudulent and therefore void against those who are his creditors while he remains in possession, and the successors in interest of such creditors, and against any person on whom his estate devolves in trust for the benefit of others than himself and against purchasers and encumbrancers in good faith subsequent to the transfer.
Source: CivC 1877, § 2024; CL 1887, § 4657; RCivC 1903, § 2369; RC 1919, § 2042; SDC 1939, § 23.0106.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 54-8-2
What does South Dakota Codified Laws § 54-8-2 cover?
Section 54-8-2 ("Transfer of personal property--Constructive notice or actual delivery of possession--Rights of creditors.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 54-8-2?
A common citation format is "South Dakota Codified Laws § 54-8-2" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 54-8-2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.