Scott v. Hyde

I respectfully dissent. The doctrine of emblements should be applied in this case. Tendered, as part of my rationale, is SDCL 43-8-6, which provides:

A tenant for years or at will, unless he is a wrongdoer by holding over, may occupy the building, take the annual products of the soil, work mines and quarries open at the commencement of his tenancy, and cultivate and harvest *532the crops growing at the end of his tenancy.

This statute, South Dakota’s partial codification of the common-law doctrine of em-blements, formerly numbered SDC 38.0405, was interpreted in Bolzer v. Hamilton, 78 S.D. 388, 103…