Brownewell v. Columbus Clay Mfg. Co.

For the purpose of this decision, it will be assumed that the petition of plaintiff states a cause of action to enforce a trust, and that some court has the authority to order the shares of stock transferred to the plaintiff. With that assumption, the only question is whether the Ohio court can make an order which will effectively accomplish the transfer.

It is contended by plaintiff that, for the purposes of a quasi in-rem action, shares in a corporation have as their situs the domicile of the issuing corporation (in this case Ohio), and that the intangible shares representing the interest in…