
    P. M. Pryor v. The Bank of Tennessee.
    Payment to Bank oe Tennessee in the South. Confederate money. A payment in Confederate money of a debt due to the Bank of Tennessee, made in the South after the removal of the assets of, the Bank from Tennessee, is not invalidated by the fact that such removal was unlawful.
    FROM MARION.
    Appeal in error from the judgment of the Circuit Court, November Term, 1868. W. L. Adams, J.
    W. P. Pankin for plaintiff in error.
    A. A. Hyde for defendant in error.
   Turney, J.,

delivered the opinion of the court.'

A charge to a jury in the words, If the proof shows that before the alleged payment, the Branch Bank at Sparta was removed from Sparta south, without lawful authority so to do, and while the same was there removed, a payment was made in Confederate money, the same would be no payment,” is error.

A party owing a debt may rightfully and lawfully pay it wherever he finds his note or other evidence of indebtedness, he being no party or privy to its unlawful presence in the place or deposit in which he may find it.

If a bank see proper to remove its deposits and evidence of debt, whether lawfully or unlawfully, and a debtor redeem his note from or make payment thereon, to its teller, the payment is as perfect and binding as if. no removal had been made.

Reverse the judgment.  