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.
1Concurrence
Bolland, B.,
concurred.
So in Duncuft v. Albrecht, 12 Sim. & S. 189, it was held that a parol agreement for the sale of railway shares is valid, for they are neither an interest in lands, nor goods, wares or merchandise, within the statute of frauds.
A careful examination of the adjudications upon the subject has 'brought us to the conclusion that, according to the weight of authority, the shares in question are personal property. In the early English cases the distinction, now well understood, between the property of a corporation and *the rights of its members, ■ does not seem to have been…
2Cases cited1 opinion
- Price v. Price's HeirsCourt of Appeals of Kentucky · 1838