East Birmingham Land Co. v. Dennis
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 13th April, 1888, by J. F. Dennis, against J. P. Mudd, and the East Birmingham Land Company, a private corporation; and sought to compel the transfer, on the books of the corporation, of a certificate for ten shares of stock, of which the complainant claimed to be the owner, and to compel the delivery of the certificate to him by said Mudd, who had…
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Appeal from the City Court of Birmingham, in equity. Heard before the Hon. H. A. Sharpe. The bill in this case was filed on the 13th April, 1888, by J. F. Dennis, against J. P. Mudd, and the East Birmingham Land Company, a private corporation; and sought to compel the transfer, on the books of the corporation, of a certificate for ten shares of stock, of which the complainant claimed to be the owner, and to compel the delivery of the certificate to him by said Mudd, who had possession of it under claim of ownership. The certificate was issued in the name of A. B. Dearborn, and was indorsed by…
1Opinion of the CourtSomebville, J.
We concur in the conclusion reached by the judge of the City Court, that the appellee, Dennis, complainant in the bill, is the owner of the ten shares of stock which are the subject of litigation in the present suit. The testimony satisfactorily proves that the certificate of stock, indorsed in blank by Dearborn, who was the owner on the books of the defendant corporation, was the property of the appellee, and was taken or stolen from his possession, without any negligence on his part whatever, several months before it was purchased by the defendant Mudd, who innocently bought and paid value…
2Cases cited9 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Barstow v. Savage Mining Co.California Supreme Court · 1883
- Allen, Bethune & Co. v. Maury & Co.Supreme Court of Alabama · 1880
- Bland v. StateSupreme Court of Alabama · 1883
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3Cited by16 opinions
- Pennsylvania Railroad v. NaiveTennessee Supreme Court · 1903
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- Schumacher v. Greene Cananea Copper Co.Supreme Court of Minnesota · 1912
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