Stone v. Howell

DIETRICH, Circuit Judge.

At the time of his death, Tom Smith had in his name and possession certificates for 4,000 shares of corporate stock. After the appointment and qualification of the appellant as administrator of his estate, appellee represented to him that in fact the stock belonged to appellee, and demanded transfer and possession thereof. The demand being refused, claimant filed in the probate court, where the administration was pending, a petition setting forth in some detail the transaction by which the decedent had been given possession, from which it clearly appeared that the…