South Dakota
The following property is absolutely exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued by any court: All family pictures; a pew or other sitting in any house of worship; a lot or lots in any burial ground; the family Bible, and all school books used by the family, and all other books used as a part of the family library not exceeding in value two hundred dollars; all wearing apparel of the debtor and his family; the provisions for the debtor and his family necessary for one year’s supply, either provided or growing, or both, and fuel necessary for one year; the homestead as defined, created, and limited by law. In addition to the above-mentioned property, the debtor, if the head of a family, may, by himself or his agent, select from all other of his personal property, not to exceed in the aggregate seven hundred and fifty dollars in value, and if a single person, not the head of a family, three hundred dollars in value, which is also exempt.
Instead of the seven hundred and fifty dollars exemption, the debtor, if the head of a family, may select and choose the following property, which shall be exempt, namely: All miscellaneous books and musical instruments for the use of the family, not exceeding two hundred dollars in value; all household and kitchen furniture, including beds, bedsteads and bedding, used by the debtor and his family, not exceeding two hundred dollars in value; and in case the debtor shall own more than two hundred dollars’ worth of such property, he must select therefrom such articles to the value of two hundred dollars, leaving the remainder subject to legal process; two cows, five swine, two yokes of oxen or one span of horses or mules, twenty-five sheep and their lambs under six months old, and all wool of the same, and all cloth or yarn manufactured therefrom, the necessary food for the animals hereinbefore mentioned for one year, either provided or growing or both, as the debtor may choose; also one wagon, one sleigh, two plows, one harrow, and farming machinery and utensils, including tackle for team, not exceeding twelve hundred and fifty dollars in value; the tools and implements of any mechanic, whether a minor or of age, used and kept for the purpose of carrying on his trade or business, and, in addition thereto, stock in trade not exceeding two hundred dollars in value; the avails of life insurance policies issued payable to the order, assignees, or estate of the insured, and not assigned, are to the extent of five thousand dollars, absolutely exempt to the surviving husband, or wife or minor children of the insured, free from all claim of creditors of the insured.
The homestead of the head of every family resident in this State, whether owned by the husband or wife, so long as it remains a homestead, is absolutely exempt, except for taxes and debts contracted for the purchase thereof. If within a town plat it must not exceed one acre in extent, and if not within a town plat it must not embrace in the aggregate more than one hundred and sixty acres, with the house and buildings appurtenant thereon; and is limited to five thousand dollars in value. (C. C. P. Sec. 345.) If the homestead is claimed upon land, the title or right of possession to which was acquired or is claimed under the laws of the United States relating to mineral lands, the area of the homestead, if within a town plat, must not exceed one acre, and if without a town plat, must not exceed forty acres. If the title to the homestead has been acquired as a placer claim but has been acquired under the laws of Congress as a lode mining claim, the area of the homestead must not exceed forty acres. (L. 1909, ch. 136.) Such exemption continues after the debtor’s death, for the benefit of the surviving husband or wife and children; and if both husband and wife be dead, until the youngest child becomes of age. (Prob. C. Sec. 153.) It is very doubtful, however, in view of the provisions of the State Constitution, if the title of the homestead can be in the wife, unless the husband is for some reason incapacitated.