Cahlan

The plaintiffs in their complaint allege the ownership and present possession each of ten shares of the capital stock of the defendant bank, evidenced by two certificates numbered, respectively, 113 and 114; that both said certificates were issued to W. W. Scholl on January 8, 1902, and were thereafter duly assigned and delivered to plaintiffs; that said Scholl died in December, 1907, and that defendants, executors of the last will of said deceased, claim some interest in said¡ shares as belonging to the estate of said deceased; that plaintiffs demanded of defendant bank to pay to them the dividend accruing on said shares and the same was refused. The prayer of the complaint is that defendant bank be directed to transfer the said shares on its books to plaintiffs and to pay plaintiffs the dividend due-thereon, and that the court decree that said Scholl at his death had no right, title or interest in said stock or the dividend thereon.

Defendant bank disclaims any interest in the controversy and seeks only to be directed by the court as to its obligations, in the matter.

Defendants, the executors, deny, on information and belief,, the material allegations of the complaint, .and…