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 have a thing, but may not lawfully engage its citizens to createthat thing, or that its citizens may not voluntarily do so. There is no conflict of opinion between this holding and the case of Puryear, adm'r, v. McGavock et als., manuscript opinion by Judge Deaderick, as the transaction in that case was in April, 1861, before action was taken by the State in the matter of separation. Reverse the judgment. Note.-The opinion above was delivered at Nashville, December term, 1872, and introduced here as conclusive of the numerous cases, still pending in the courts of the State, involving the principles it determines. It was recently reaffirmed, without a written opinion, in the case of The Union Bank of Tennessee v. Alexander Pattison, at Jackson, September term, 1876.-J. C. M.
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