Winter

In Weston v. Bear River and Auburn W. and M Co. 6 Cal. 425 , the action was a bill in equity, alleging that the plaintiff purchased at execution sale certain shares of the capital stock of the defendant corporation, which stood on the books of the corporation in the name of Lovell, the defendant in the execution. It wa| further alleged that the defendant Swift had possession of some, and the defendants Reese & Buckingham of others of the certificates, which they refused to surrender, and the prayer of the complaint was for a decree to compel the surrender of the certificates, and that the corporation issue new certificates to the plaintiff. It appeared from the answers that the certificates held by Swift had been hypothecated to him, and those held by Reese & Buckingham had been sold to them, before any lien had attached thereon in the suit in which the execution issued, under which the plaintiff jmrehased, and that when he purchased he had notice of such sale and hypothecation ; and further, that the certificates held by Reese & Buckingham had been surrendered, and new certificates issued to them. The Court found the facts to be as alleged in the complaint and answers, and…