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This action was brought to obtain a decree that plaintiff is the owner of two hundred and forty-five thousand shares of stock of the defendant corporation, and that the defendants have and hold the same in trust for the use and benefit of plaintiff, and requiring said corporation to issue to plaintiff said two hundred and forty-five thousand shares. Defendant Latham having prior to the institution of the action absconded and left the state of California and his whereabouts being absolutely unknown, the only service of summons had upon him was by publication. He did not appear in the action. Defendant corporation answered, and the trial of the action was had as between it and plaintiff. The findings were substantially in favor of plaintiff upon all material issues except that of ownership of the stock, the court finding that it is not true that plaintiff is now, or ever was, the owner of said two hundred and forty-five thousand shares of stock. The court concluding, as matter of law, that plaintiff was not such owner, and further that the court had never acquired jurisdiction of the person of defendant Latham, adjudged that plaintiff take nothing by his action, and that defendant…