20. DEEDS AND CONVEYANCES SDCL 43-25
43-25-1. Requisites for transfers of certain estates.
An estate in real property, other than an estate at will or for a terms not exceeding
one year, can be transferred only be operation of law, or by an instrument in writing,
subscribed by the party disposing the same, or by his agent thereunto authorized by
Lund v. Thackery, 99 NW 856 (SD 1904). In view of this statute, the deed
was invalid when grantor’s agent, without written authorization by the
grantor, and with the full knowledge of the grantee, filled in the grantee’s
name and the amount of the consideration.
Hulsether v. Peters, 167 NW 497 (SD 1918). Where a transfer of real
property was void under this section because the name of the grantee in the
deed was filled in agent not having written authority, not only could grantor
take advantage of the deed’s infirmity, but also any person whose rights
would have been affected by it.