Brightwell v. First Nat. Bank of Kissimmee

HUTCHESON, Circuit Judge.

When this case was here before,1 we said: “We do not mean to adjudge finally the general ownership of the stock, nor whether in 1938 the bank should have evidenced the assignment in pledge on its books, or in 1939 should have issued a new certificate to the executors as full owners. Confining ourselves to what was ruled on in the district court, we hold only that the plea [of the statute of limitations] which was sustained ought not to have been.” In reaching our decision on that point however, we were compelled to determine whether the petition stated a cause of…