#### GEORGE W. SWEPSON v. ROBERT H. CHAPMAN.

ACTION tried, upon a demurrer by tbe plaintiff to the answer of the defendant, before Henry, J., at Fall Term 1868 of the Superior Court of Henderson.

Tbe note declared on bad been given in substitution for one made prior to tbe year 1860. Upon this appearing below, his Honor ordered tbe complaint to be dismissed, and the plaintiff appealed.

Merrimon, for tbe appellant.

Bragg, contra.

Reade, J.

There is error. See Opinion in Jacobs v. Smallwood, at this term.

Per Curiam. Demurrer allowed. Judgment oí 'respondeat ouster. This will be certified, &c.