State ex rel. Benedict v. Southern Mineral & Land Improvement Co.

Citations

• 108 La. 24

Syllabus

<p>Syllabus.</p> <p>1. The stock was owned by the relator. He advertised the loss of his certificate of stock.</p> <p>2. The oatji for a mandamus taken by the attorney to compel the corporation to transfer on the books of the company the original shares of stock and to deliver certificates in his name, was prima facie legal and sufficient, particularly in the absence of all objection to it in the court of the first instance. The objection was only raised arguendo on appeal.</p> <p>3. The loss of the certificates of stock was sufficiently shown to enable the rela* tor to obtain certificates of stock.</p> <p>4. More than ten years have elapsed since relator became the owner. No one has laid claim to the lost certificates and third persons can lay no claim’ to the stock after these many years of silence and inaction. 42 Ann. 1172.</p>