No person shall enter upon any lands, tenements, or other possessions, and detain or hold the same, but where entry is given by law, and then only in a peaceable manner. Code 1858, § 3341 (deriv. Acts 1821, ch. 14, § 1); Shan., § 5090; Code 1932, § 9244; T.C.A. (orig. ed.), § 23-1601.
A forcible entry and detainer is where a person, by force or with weapons, or by breaking open the doors, windows, or other parts of the house, whether any person be in it or not, or by any kind of violence whatsoever, enters upon land, tenement, or possession, in the occupation of another, and detains […]
A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry. Code 1858, § 3343 (deriv. Acts 1821, ch. 14, § 3); Shan., § 5092; Code 1932, § 9246; T.C.A. (orig. ed.), § 23-1603.
Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder […]
Sections 29-18-101 — 29-18-104 extend to and comprehend terms for years, and all estates, whether freehold or less than freehold. Code 1858, § 3345 (deriv. Acts 1821, ch. 14, § 4); Shan., § 5094; Code 1932, § 9248; T.C.A. (orig. ed.), § 23-1605.
Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought. Code 1858, § 2750; Shan., § 4441; Code 1932, § 8567; T.C.A. (orig. ed.), § 23-1606.
All cases of forcible entry and detainer, forcible detainer, and unlawful detainer, may be tried before any one (1) judge of the court of general sessions of the county in which the acts are committed, who shall decide the particular case, and all questions of law and fact arising. Code 1858, § 3346 (deriv. Acts […]
The action for the recovery of the possession of land, given in this chapter, may also be originally instituted in the circuit court, the same forms being substantially pursued as those prescribed, the process being issued by the clerk, the plaintiff first giving bond and security to answer costs and damages as provided in § […]
The uninterrupted occupation or quiet possession of the premises in controversy by the defendant, for the space of three (3) entire years together, immediately preceding the commencement of the action, is, if the estate of the defendant has not determined within that time, a bar to any proceeding under this chapter. Code 1858, § 3347 […]
The heir or representative of the person who might have been plaintiff, if alive, may bring the suit after the potential plantiff’s death. If either party die during the pendency of the suit, it may be revived by or against the heirs or legal representatives of the decedent, in the same manner and to the […]
The party complaining is required, before the issuance of the writ, to give bond, with good security, to pay all costs and damages which shall accrue to the defendant for the wrongful prosecution of the suit. Code 1858, § 3348 (deriv. Acts 1822, ch. 35, § 1); Shan., § 5097; Code 1932, § 9251; T.C.A. […]
The warrant may be issued by a single general sessions judge in the following form: State of Tennessee, To the sheriff or any constable of such county: County. Whereas, complaint is made to me by A B, of a certain forcible and unlawful entry and detainer, made by C D, into and of a certain […]
No notice to quit need be given by the plaintiff to the defendant, other than the service of this warrant. Code 1858, § 3351 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., § 5100; Code 1932, § 9254; T.C.A. (orig. ed.), § 23-1613.
The warrant need not set forth the particular species of entry or detainer, and any defect therein, or in any of the proceedings, may be amended as other process and pleadings in court. Code 1858, § 3350 (deriv. Acts 1841-1842, ch. 186, § 5); Shan., § 5099; Code 1932, § 9253; T.C.A. (orig. ed.), § […]
In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord’s property. In […]
Any officer neglecting or refusing to execute any process, under this chapter, shall forfeit two hundred fifty dollars ($250) to the party aggrieved, to be recovered with costs before any tribunal having jurisdiction thereof. Code 1858, § 3373; Shan., § 5123; Code 1932, § 9278; T.C.A. (orig. ed.), § 23-1616.
The officer serving the warrant shall notify the defendant of the time and place of trial, the time not to be less than six (6) days from the date of service. Code 1858, § 3352 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., § 5101; Code 1932, § 9255; T.C.A. (orig. ed.), § 23-1617.
The general sessions judge may, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding fifteen (15) days. The postponement shall not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or upon request of […]
The cause shall be tried at the time and place designated, by a single general sessions judge, without the intervention of a jury, and in all respects like other civil suits before the court of general sessions. The general sessions judge will try every case upon its merits and ascertain whether the plaintiff or defendant […]
Actions originally instituted in the circuit court will stand for trial at the first term after the pleadings are complete. The jury, if it finds for the plaintiff, will ascertain the damages the plaintiff has sustained, including rent, and judgment shall be given accordingly. Code 1858, § 3367 (deriv. Acts 1841-1842, ch. 186, §§ 8, […]
