In all cases in which the heirs, or devisees, of a deceased person, whose real estate has been sold for the satisfaction of the deceased's debts, by virtue of proceedings under §§ 30-2-409 — 30-2-415, institute suit for the recovery of the real estate against the purchaser, in consequence of failure to serve the scire facias personally on the minor heirs, the court rendering the judgment, upon the application of the purchaser, shall set aside the satisfaction of the original judgment or execution, and thereupon the original judgment shall be revived, and may be enforced by the purchaser against the real estate in the same way as the original judgment could have been enforced by the original creditor.
Code 1858, § 2266 (deriv. Acts 1849-1850, ch. 119); Shan., § 3999; Code 1932, § 8212; T.C.A. (orig. ed.), § 30-619.
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