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CONTAINING THE CASES FOR THE JANUARY AND

NOVEMBER TERMS, 1844.

BOSTON:

CHARLES C. LITTLE AND JAMES BROWN.

1845.

Entered according to Act of Congress, in the year 1845, by

W. C. SMEDES and T. A. MARSHALL,
in the Clerk's Office of the District Court of the District of Massachusetts.

BOSTON:

PRINTED BY THURSTON, TORRY AND COMPANY,

31 Devonshire Street.

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PREFACE.

The decisions reported in this volume were delivered at an adjourned term of the Court held in April last, and at the November term, 1844, of the Court; the greater part of them in the month of December.

It will be seen by a rule of the Court, adopted at that term, on a late day of it, published in this volume on a subsequent page, that the briefs of counsel, designed thereafter for publication in the reports of the decisions of the Court, are limited to a certain length. This rule was adopted after a very large portion of the manuscript for the present volume was prepared for the press, and after all the cases published in this volume, in which the briefs exceed the stipulated length, had been submitted to the Court for decision. Such cases were therefore not embraced in the rule.

The authors publish on another page, with the permission of its venerable and distinguished writer, an extract of a letter from the Hon. James Kent to them

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