The person recovering on such lost instrument may, however, after the lapse of two (2) years from the maturity of such instrument, enforce such person's recovery without giving the bond prescribed in §§24-8-104 and24-8-105, in which case, the person from whom the recovery is had, may plead the judgment in bar of an action by the actual holder of such lost instrument.
Code 1858, § 3905 (deriv. Acts 1851-1852, ch. 86, §§ 1, 2); Shan., § 5698; Code 1932, § 9884; T.C.A. (orig. ed.), § 24-806.
Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Lost Instruments and Records, § 7.