Johns v. Johns
Ohio Supreme Court
This is a petition, in which the plaintiff, the widow of Benjamin Johns, deceased, claims dower in 46 shares of the capital stock of “ The Mansfield & Sandusky City Railroad Company,” and in 10 shares of the capital stock of “ The Ohio and Pennsylvania Railroad Company,” of which shares her deceased husband, the said Benjamin Johns, was the owner at the time of his death.
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This is a petition, in which the plaintiff, the widow of Benjamin Johns, deceased, claims dower in 46 shares of the capital stock of “ The Mansfield & Sandusky City Railroad Company,” and in 10 shares of the capital stock of “ The Ohio and Pennsylvania Railroad Company,” of which shares her deceased husband, the said Benjamin Johns, was the owner at the time of his death. The defendant Sherman, as executor as aforesaid, answers, admitting the facts alleged in the petition, but insisting that said shares are personal and not real estate. The defendant Roberta has not answered.
1Opinion of the CourtThurman, J.
The Ohio and Pennsylvania Railroad Company was-incorporated February 24,1848. 46 Ohio L. L. 261. The 5th section of its charter provides that the company “ shall have all the powers and privileges, and be subject to all the restrictions and provisions of the “ act regulating railroad companies,” passed February 11,1848. 46 Ohio L. 40. The third section of this latter act declares that the shares of stock in the companies that maybe subject-to its provisions, “ shall be regarded as personal property, and shall be subject to execution at law.” It is therefore manifest that the-petitioner is not…
2Cases cited4 opinions
- Meason's EstateSupreme Court of Pennsylvania · 1835
- Welles v. CowlesSupreme Court of Connecticut · 1822
- Price v. Price's HeirsCourt of Appeals of Kentucky · 1838
- Welles v. CowlesSupreme Court of Connecticut · 1818