Section 43-10-18 - Express trust in relation to real property omitted from record--Protection of creditorsand purchasers without notice. - South Dakota Statutes

43-10-18. Express trust in relation to real property omitted from record--Protection of creditors and purchasers without notice. Where an express trust is created in relation to real property but is not contained or declared in the grant to the trustee or in an instrument signed by him and recorded in the same office with the grant to the trustee, such grant must be deemed absolute in favor of the subsequent creditors of the trustee not having notice of the trust and in favor of purchasers from such trustee without notice and for a valuable consideration.

Source: CivC 1877, § 293; CL 1887, § 2809; RCivC 1903, § 316; RC 1919, § 385; SDC 1939, § 59.0305.