
    Robert McIlvaine, Respondent, v. R. D. Lancaster, Garnishee of Thomas F. Smith, Appellant.
    Garnishment—Trustee—Rents.—Where one, as agent, collected rents lor the trustee of another, and was garnisheed as debtor of the beneficiary, according to the decision of this court in the case of McIlvaine v. Smith {ante, p. 45) these rents wore a trust fund in the hands of the trustee until paid over by him to the beneficiary, and the agent could not be made liable under this process, as the debtor of the beneficiary, for rents so collected as the agent of the trustee.
    
      Appeal from St. Louis Circuit Court.
    
    
      A. J. P. Garesche <$’ Mead, for appellant.
    I. A trustee can only be sued in equity, and a garnishment is a law proceeding. (Curling et al. v. Hyde, 10 Mo. 876.)
    H. An agent, not of tbe debtor, but of a third person, creditor of tbe debtor, is not liable to be garnisheed, because there is no privity of contract between him and tbe debtor. A creditor’s bill, if any, is tbe only remedy for tbe party to enforce payment out of tbe trust fund. (Drake on Att. § 487; Pratt et al. v. Scott, 19 Mo. 625 ; Gould v. Newburyport R.R., 14 Gray, Mass., 472; Skowhegan Bk. v. Farrar, 46 Maine, 293, particularly cases reviewed in opinion; Johns v. Allen, 5 Harring. 419; Plunket v. Le Huray, 4 Harring. 436.)
    Cline, Jamison S' Hay, for respondent.
   Holmes, Judge,

delivered the opinion of the court.

The defendant, Lancaster, was an agent to collect rents for the trustee o£ Thomas F. Smith, and was garnisheed as a debtor of Smith, the beneficiary. Judgment was rendered against the garnishee upon his answer, and the case was appealed to this court.

According to tho decision in Mcllvaine v. Smith et al., at this term, these rents were a trust fund in the hands of the trustee until paid over by him to the beneficiary, and the agent could not be made liable under this process, as the debtor of Thomas F. Smith, for rent so collected as the agent of the trustee.

The judgment will be reversed and the garnishee discharged.

The other judges concur.  