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Section 32-35-86 - Suit on bond of defaulting debtor--Foreclosure of lien--Procedure.

32-35-86. Suit on bond of defaulting debtor--Foreclosure of lien--Procedure. If a judgment referred to in § 32-35-84, rendered against the principal on such bond, shall not be satisfied within thirty days after it has become final, the judgment creditor may, for his own use and benefit and at his sole expense, bring an action or actions in the name of the state against the company or persons executing such bond, including an action or proceeding to foreclose any lien that may exist upon the real estate of a person who has executed such bond. Any such lien upon real estate may be enforced by action in a circuit court in the same manner, as near as may be, as in actions to foreclose mortgages on real estate as provided in chapter 21-47.

Source: SL 1957, ch 212, § 56; SDC Supp 1960, § 44.03A56.

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