Tennessee Supreme Court September 15, 1859 (Guthman v. Parker)

Wright, J.,

delivered the opinion of the Court.

The principle of the cases of Perkins v. Hyde, 6 Yer., 288, and Allen v. Dodd, 4 Hum., 131, governs this. In wagering contracts, when the impending event is undecided, and after the event, as against a stakeholder who has been notified not to pay the thing lost to the winner, the owner may come and disaffirm the contract, and recover his property.