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No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state.

Code 1858, § 3468 (deriv. Acts 1794, ch. 1, § 23); Shan., § 5228; Code 1932, § 9415; T.C.A. (orig. ed.), § 23-608.