Where, in a suit against an executor or administrator, the plea of “fully administered,” “no assets,” or “not sufficient assets to satisfy the plaintiff's demand,” is found in favor of an executor or administrator, the plaintiff may proceed to ascertainment of the plaintiff's demand, and entry of judgment; but before taking out execution against the real estate of the deceased debtor, the heirs or devisees of the deceased debtor shall be summoned by scire facias to show cause why execution should not be issued against the real estate for the amount of the judgment, or so much of it as there may not be personal assets to discharge.
Code 1858, §§ 2258, 2259 (deriv. Acts 1784 (Oct.), ch. 11, § 2); Shan., §§ 3991, 3992; Code 1932, §§ 8203, 8204; modified; T.C.A. (orig. ed.), § 30-612.
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