OF

CASES

ARGUED AND DETERMINED

IN THE

SUPREME COURT OF TENNESSEE

DURING THE YEARS

1836-7.

BY GEORGE S. YERGER,

REPORTER TO THE STATE.

VOLUME X.

NASHVILLE:

8. NYE AND CO. STATE PRINTERS.

1838.

Entered according to act of Congress, in the year 1938, by GEORGE S. YERGER,

in the Clerk's office of the District of West Tennessee.

Rec. Nov. 29, 1890.

THIS Volume of Reports contains all the cases decided by the Supreme Court since the publication of those contained in the ninth volume, with the exception of the cases decided at the Jackson, April term, 1838, and at the Knoxville, June term, 1833,-And as I am about to remove my residence to Vicksburg, Mississipp', this volume will necessarily close my labors as Attorney General and Reporter of Tennessee.

I am sensible that, in the discharge of the many onerous and responsible official duties which have devolved on me, I must have often erred; but without. I trust, subjecting myself to the charge of egotism, I may be permitted to say, that my errors were not the result of want of industry or investigation. The duties I have had to perform were many-were laborious, and my only claim to public approbation is, that I endeavored to discharge them conscientiously and correctly. To what extent I have succeeded, it is not for me to say.

Before I close this volume I would do injustice to my own feelings were I not to declare the many obligations I am under to the Judges who have occupied the bench of the Supreme Court during the time I have been in office. Their uniform kindness and urbanity, and the assistance which they have always unhesitatingly afforded to me, will always be held in the most grateful remembrance. From me, however, they require no commendation. The opinions I have published will be an ever enduring monument of their rigid and impartial justice as men, and of their correct, extensive and discriminating legal acquirements as expounders of the law.

To my brethren of the bar, with many of whom I have been long professionally and person lly associated, and who have ever extended to me that courtesy and friendly deportment which is the sure characteristic of enlarged and liberal minds, I tender my sincere and unfeigned thanks for the generous and kind feelings which they have always ma iifested for me. I assure them that, though I shall soon be absent from Tennessee, yet Tennessee friends and Tennessee associations will never be forgotten.

NASHVILLE, OCTOBER 4, 1838.

GEORGE S. YERGER.