US Lawyer Database

§ 26-5-114. Satisfaction Set Aside for Want of Title

Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set […]

§ 26-5-115. Minimum Acceptable Price for Property Sold

The sheriff of each county in the state of Tennessee is hereby authorized to set a minimum acceptable price for every item, of property, both personal and real, to be sold at any sheriff’s sale in the state provided such price shall be equal to or greater than fifty percent (50%) of the fair market […]

§ 26-5-112. Deed of Successor in Office

Any sheriff, coroner, or trustee may execute a deed for lands sold by a former sheriff, coroner, or trustee, which deed shall be valid, as if executed by such former officer; and such deed shall be prima facie evidence of the truth of all the statements and recitals contained therein. All such deeds, heretofore executed […]

§ 26-5-113. Deed on Redemption

If the officer’s deed is made within two (2) years, the person obtaining it, in case the land is redeemed from such person, shall make to the redeeming party, a complete deed, proved or acknowledged for registration, divesting the person acquiring by the officer’s deed and vesting the other with the title acquired. In like […]

§ 26-5-102. Length of Posting

The advertisement of sale by posted written notice shall be at least twenty (20) days for land, and ten (10) days for all other kinds of property, except for the sale of fruits and vegetables, or other perishable articles, when the sale may be made after advertisement by the officer making the levy, on twenty-four […]

§ 26-5-103. Notice to Defendant Occupying Land

If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made […]

§ 26-5-104. Hour of Sale

Execution sales shall be made between the hours of nine o’clock a.m. (9:00 a.m.) and seven o’clock p.m. (7:00 p.m.). Code 1858, § 3038 (deriv. Acts 1807, ch. 99, § 1); Shan., § 4766; Code 1932, § 8896; T.C.A. (orig. ed.), § 26-704; Acts 2017, ch. 187, § 1.

§ 26-5-105. Plan of Division of Land

At any time before ten o’clock a.m. (10:00 a.m.), on the day of sale, the defendant may deliver to the officer a plan of division of the lands levied on, subscribed by the defendant, and it shall, in that case, be the duty of the officer to sell, according to the plan, so much of […]

§ 26-5-106. Transfer of Corporate Stock

Upon the sale of corporate stock or shares by execution, the officer, on receiving from the purchaser the amount of the purchaser’s bid, shall execute and deliver to the purchaser an assignment of the certificate of shares sold. The officer’s return of the sale on the back of the execution shall be notice to all […]