Home/South Dakota/Statutes/Title 55: FIDUCIARIES AND TRUSTS/Ch. 55-1: CLASSIFICATION AND CREATION OF TRUSTS/§ 55-1-7
South Dakota Statutes

§ 55-1-7 — Wrongful detention creates implied trust.

South Dakota § 55-1-7
JurisdictionSouth Dakota
Title 55FIDUCIARIES AND TRUSTS
Ch. 55-1CLASSIFICATION AND CREATION OF TRUSTS

This text of South Dakota § 55-1-7 (Wrongful detention creates implied trust.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 55-1-7 (2026).

Text

One who wrongfully detains a thing is an implied trustee thereof for the benefit of the owner.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rosebud Sioux Tribe v. Strain
432 N.W.2d 259 (South Dakota Supreme Court, 1988)
42 case citations
Parker v. Western Dakota Insurors, Inc.
2000 SD 14 (South Dakota Supreme Court, 2000)
30 case citations
Briggs v. Briggs (In re Certification of Court)
931 N.W.2d 510 (South Dakota Supreme Court, 2019)
7 case citations
Jahnel v. First Northwestern Trust Co. of South Dakota
428 N.W.2d 528 (South Dakota Supreme Court, 1988)
7 case citations
Briggs v. Briggs
2019 S.D. 37 (South Dakota Supreme Court, 2019)
3 case citations
Smith v. Smith
(D. South Dakota, 2022)

Legislative History

SDC 1939, § 59.0102 (1).

Nearby Sections

15
§ 55-1-1
Purposes for which trust may be created.
§ 55-1-10
Transfer of real property to one for money paid by another--Trust presumed.
§ 55-1-11
Implied trust--Declaration by court of equity.
§ 55-1-12
Trustor, trustee, beneficiary, power of appointment, and person defined.
§ 55-1-13
Voluntary trustee--Assumption of relationship.
§ 55-1-14
Interest in existing trust--Transfer by operation of law or written instrument.
§ 55-1-15
Certain trusts not terminated upon trustor's death.
§ 55-1-2
Trusts classified.
§ 55-1-20
Trusts for noncharitable purposes.
§ 55-1-21
Trust for care of animal, care of other property, or other lawful noncharitable purpose.
§ 55-1-21.1
Termination of trust for care of animal.
§ 55-1-21.10
Trustee may not use principal and income other than for trust's purposes.
§ 55-1-21.11
Co-enforcer appointment--Powers.
§ 55-1-21.2
Judicial reduction of property transferred to trustee if trust corpus exceeds amount required for intended purposes.
§ 55-1-21.3
Court order where fulfillment of purposes are impossible, inexpedient, or unlawful.
View on official source ↗

Cite This Page — Counsel Stack

Bluebook (online)
South Dakota § 55-1-7, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/55-1-7.