57 Tenn. 564
Decided April 15, 1873
Tennessee Supreme Court · decided 1873-04-15
FROM LAKE. Appeal in error from Circuit Court, August Term, 1871. Hon. J. D. Porter, Jr., J. W. A. Bartlett was indebted to the firm • of Jas. C. Davis & Co., and to secure them executed to J. H. Tipton a deed in trust to certain personal property. E. G. Heines, the clerk of the County Court, was a member of the firm of Jas. C. Davis & Co., and the trust deed was acknowledged before his deputy.
Decided 1873-04-15
¶1delivered the opinion of the court.
¶2The deed in trust is not made by nor to the clerk of the County Court, and is not such as is contemplated by sec. 2069 of the Code, and the Act of February 19, 1869, ch. 32.
¶3The reasoning of Judge Turley in Beaumont & Irwin v. Yeatman, 8 Hum., 542, and which we adopt as the law of this case, is conclusive upon the question presented.
¶4Reverse the judgment.