McFall

McFall, the plaintiff in this action, was the purchaser at a sale under execution of fourteen shares of stock in the Buckeye Grangers’ Warehouse Association, a corporation, one of the defendants here; the ultimate question on appeal is whether property in the stock passed by virtue of such sale; the court below held that it did. One Schautz owned the stock originally, and held certificates therefor issued by said Warehouse Association; Schautz was sued in a justice’s court by the Bank of Winters, a corporation, on a promissory note wherein he promised to pay a specified sum of money to “the Bank of Winters, at its office in Winters”—the payee not being further described; the complaint in that action was a copy of such note; the justice issued a writ of attachment, under which the constable of the township attached the said shares of stock as the property of Schautz in the manner prescribed by section 542, subdivision 4, of the Code of Civil Procedure. Afterward, Schautz having made no defense, judgment was rendered in said justice’s court against him and in favor of said bank, and an execution issued for the enforcement thereof; thereunder the constable made the sale which gave…