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 hands, though no appearance be made for them.
Code 1858, § 2261 (deriv. Acts 1784 (Oct.), ch. 11, § 4); Shan., § 3994; Code 1932, § 8206; T.C.A. (orig. ed.), § 30-614.
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