Twohy v. Slate Creek Mining Co.

— This is an appeal from a decree awarding Twohy, as executor, and Funkhouser, each, 62,500 shares of the common stock of Slate Creek Mining Company, and directing the corporation to deliver to each of the plaintiffs a stock certificate evidencing his ownership of'said shares.

The cause was tried to a jury, but the court concluded that the cause was of equitable cognizance and treated the verdict of the jury as advisory only.

The complaint alleged the corporate existence of the corporation; that the plaintiff Twohy was the duly appointed and acting executor of the last will and testament of…