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 or heir's proportion of the value of the land sold, suggesting in the declaration or bill of complaint the value of the several devises or descents, and the recovery against the other devisee or devisees, heir or heirs, shall be in proportion to the value of all the devises or inheritances proved on the trial, without regard to the sum for which the estate of which the devisee or heir was evicted was sold.
Code 1858, § 2265 (deriv. Acts 1784 (Oct.), ch. 11, § 6); Shan., § 3998; mod. Code 1932, § 8210; T.C.A. (orig. ed.), § 30-618.
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