One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust or other wrongful act, is, unless he has some other and better right thereto, an implied trustee of the thing gained for the benefit of the person who would otherwise have had it.
S.D. Codified Laws § 55-1-8
Implied trust resulting from fraud, accident or wrongful act
Applied in 15 court decisions — leading case Gilbert v. United National Bank (1989)
Most recently applied in Johnson v. Markve (September 2022)
Source: SDC 1939, § 59.0102 (2).
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.