Sonnenberg v. Steinbach

Citations

• 9 S.D. 518
• 70 N.W. 655
• 1897 S.D. LEXIS 102

Syllabus

<p>1. A judgment against one sued in his individual capacity, and who as such answers, disclaiming any interest in the property sued for, does not estop him to claim the property in the capacity of a trustee of others, for whom he held it when the suit was commenced.</p> <p>2. Claim for property by one in his capacity as trustee may be made by motion in the action in which, being sued therefor in his individual capacity, and answering in such capacity with disclaimer of interest, judgment is rendered against him.</p>