§ 30-2-418. Court-Ordered Sale of Real Estate — Notice — Hearing
In the case of a will that does not give the personal representative the power to sell real estate, and in intestate estates, when the personal estate is ascertained by the report of the clerk, and the confirmation of the report by the court, to be insufficient for the payment of the debts of the […]
§ 30-2-411. Service of Scire Facias
When any such heir or devisee is a minor and has a guardian, the scire facias shall be served on the guardian and heir, but if the minor has no guardian, the court shall appoint one to defend the suit. Code 1858, § 2260 (deriv. Acts 1784 (Oct.), ch. 11, § 3); Shan., § 3993; […]
§ 30-2-412. Judgment Without Appearance
Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their […]
§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution
To this writ the heirs or devisees may plead that the executors or administrators have sufficient assets, or that they have wasted or concealed the assets, upon which plea the court shall order the trial of a collateral issue between the personal representative and the heirs or devisees. If this issue be found against the […]
§ 30-2-414. Execution Issuing Against Realty
If judgment or decree pass against the heirs or devisees, or any of them, execution shall be issued against the real estate of the deceased debtor descended or devised. Code 1858, § 2264 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., § 3997; Code 1932, § 8209; T.C.A. (orig. ed.), § 30-617.
§ 30-2-415. Contribution Among Devisees or Heirs
If upon a judgment or decree pursuant to § 30-2-414, a devisee or heir is evicted from the real estate devised or descended to the devisee or heir, the devisee or heir may bring an action at law or suit in equity against the other devisee or devisees, heir or heirs, for the evicted devisee […]
§ 30-2-416. Purchaser’s Remedy When Satisfaction of Judgment and Sale Is Set Aside at Instance of Heirs
In all cases in which the heirs, or devisees, of a deceased person, whose real estate has been sold for the satisfaction of the deceased’s debts, by virtue of proceedings under §§ 30-2-409 — 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire […]
§ 30-2-417. Restitution From Assets Afterwards Discovered Where Real Property Subjected to Payment of Debts
Where real property has been subjected to the payment of decedent’s debts, and assets that should have been applied to the debts are afterwards discovered, or, for any reason, personal property of decedent, that should have been so applied afterwards comes to the hands of the personal representative, legatee or next of kin, the heir, […]
§ 30-2-408. Claims Against Alienated Property
If an heir or devisee aliens the land before an action is brought or process sued out, the heir or devisee shall be answerable to any creditor of the decedent for the ancestor’s debts to the value of the lands aliened. Within six (6) months from the death of any person, a mortgagee or purchaser […]
§ 30-2-409. Proceeding by Scire Facias When Debt Sued on Prior to Deceased’s Death
Where no person will administer on the estate of the deceased, any person who has commenced a suit against the deceased in the lifetime of the deceased may issue a scire facias against the deceased’s heirs or devisees, for whom, in case they are minors, the court shall appoint a guardian ad litem for the […]