The disciples of Socrates, whom I will take the liberty to call the great lawyer
of antiquity, since the first principles of Law are derived from his philosophy, owe
their reputation to their having been the reporters of the sayings of their mas
ter.-LORD CH. YORKE.

Entered according to act of Congress, in the year one thousand

eight hundred and seventy-two, by

JOSHUA S. MORRIS,

In the Office of the Librarian of Congress, at Washington.

KIMBALL, RAYMOND & CO., BOOK PRINTERS.

V.44

JUDGES OF

THE SUPREME COURT

DURING THE TIME OF THESE REPORTS.

EPHRAIM G. PEYTON, CHIEF JUSTICE.

HORATIO F. SIMRALL,

ASSOCIATE JUSTICES.

JONATHAN TARBELL.

JOSHUA S. MORRIS, ATTORNEY GENERAL AND REPORTER.

JAMES M. MCKEE, CLERK.

All the cases reported in this volume were decided at the October term, 1870, April term, 1871, and October term, 1871, which is still (January, 1872) in session. Those cases decided at the October term, 1870, are concluded with that of Conway' et al. v. Shirley, on page 435; those at the April term, 1871, commence with Cantrell v. Letwinger, page 437, and are concluded with Huntington et al. v. Allen et al., page 654, and all the rest, commencing with Landy v. the State, page 669, were decided at the present term.

Six lines from top of page 145, for "representatives," read "representations." In 16th line on same page, for "in," read "or." In 19th line same page, read "reputation," instead of "representation." On same page, 28th line, instead of "prove," read "from."

On page 146, 9th line from bottom, for "present," read "prevent."

Page 181, line 20th from top, for "objections," read "objectors." On line 23d same page, for "complied," read "compared."

Page 250, 15th line from top, for "returned to," read "retained by."
Page 255, 3d line from bottom, for "recognizable," read "cognizable."
Page 287, 10th line from bototm, for "Parker B.," read "Parke B."
Page 288, 21st line from top, for "Wood," read "Wend. Rep."

Page 290, 3d line from top, read, omitting the word "on."

Page 293, 11th line from top, for "records," read "words."

Page 310, 21 line from top, read omitting the word "not." On same page 18th

line from bottom for "varied" read "waived."

Page 312, 16th line from top, for "dispensing," read "disposing."

Page 433, 16th line from bottom, for "incompetent," read "competent."

Page 434, 5th line from top, for "contract," read "control."

Page 465, 2d line from top, for "delivered,” read “deceived." Same page, 19th line

from top, for "carry," read "carve." Same page, 16th line from bottom, for "Lord Shelton, read "Lord Kenyon."

Page 466, 12th line from top, for "line,” read “lie.”

Page 511, 14th line from top, for "he further," read "a father."

Page 513, 8th line from bottom, for "carried," read "carved."

Page 534, next to last line from bottom, for "judiciary," read "fiduciary."

Page 539, last line, for "raised," read "reversed."

Page 556, 5th line from top, for "drawer," read "drawee."

Page 568, 8th line from top, for "Ch. Bameyre,” read "Ch. Baron."

Page 577, 3d line from bottom, for "mortgagor," read "mortgage."
Page 578, 11th line from top, for "promissory," read "possessory."
Page 636, 7th line from bottom, for "power," read "form.”
Page 637, 12th line from top, for "distribution," read "distinction.”
Page 639, last line, for "ease," read "cure."

Page 640, 15th line from bottom, for "owed," read “owned.”
Page 668, 12th line from top, for "proper,” read “paper.”

Page 728, 7th line from bottom, for "not," read "was.”
Page 751, 4th line from top, for "ran," read “saw.”

Page 752, 11th line from top, for "unwilling,” read “willing."
Page 753, 9th line from top, for "part," read “fact.”

Page 761, 2d line from bottom, for "collecting" read "collating."
Page 774, 9th line from bottom, for "concluded" read “couched."
Page 795, 11th line from bottom, for "time” read “true.”

Page 798, 13th line from bottom, for "unwarranted," read "warranted."

PUBLISHER.