The enumeration in §§ 55-1-7 to 55-1-10, inclusive, of cases wherein an implied trust arises does not exclude or prevent the arising of an implied trust in other cases nor prevent a court of equity from establishing and declaring an implied, resulting, or constructive trust in other cases and instances pursuant to the custom and practice of such courts.
S.D. Codified Laws § 55-1-11
Implied trust--Declaration by court of equity
Applied in 11 court decisions — leading case DFA Dairy Financing Services, L.P. v. Lawson Special Trust (2010)
Most recently applied in Briggs v. Briggs (In re Certification of Court) (July 2019)
Source: SDC 1939, § 59.0102.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.