Before making a decree for the sale of lands, it shall be made to appear to the satisfaction of the court that the personal estate has been exhausted in the payment of bona fide debts, and that the debts or demands for which the sale is sought are justly due and owing either to creditors or to the personal representative for advances out of the personal representative's own means to pay just demands against the estate.
Code 1858, § 2268 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); Shan., § 4001; Code 1932, § 8214; T.C.A. (orig. ed.), § 30-604.
Structure 2021 Tennessee Code
Title 30 - Administration of Estates
Chapter 2 - Management, Settlement and Distribution
Part 4 - Sale of Land to Pay Debts
§ 30-2-401. Jurisdiction to Sell Realty — Procedure
§ 30-2-404. Proof of Exhaustion of Personalty
§ 30-2-405. Procedure Under §§ 30-2-403 and 30-2-404
§ 30-2-406. Complaint in Equity by Creditor Serving as Administrator
§ 30-2-407. Execution Against Property in Heir's Hands
§ 30-2-408. Claims Against Alienated Property
§ 30-2-409. Proceeding by Scire Facias When Debt Sued on Prior to Deceased's Death
§ 30-2-410. Proceeding by Scire Facias When Personalty Exhausted or Insufficient
§ 30-2-411. Service of Scire Facias
§ 30-2-412. Judgment Without Appearance
§ 30-2-413. Plea of Sufficient Assets, Waste, or Concealment — Trial of Collateral Issue — Execution
§ 30-2-414. Execution Issuing Against Realty