Tenn. Code Ann. § 21-1-403
This is the official text of Tenn. Code Ann. § 21-1-403, part of Tennessee’s Code Ann — part of the compiled statutory law of Tennessee, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Death of defendant after decree
Official statutory text
The death of the defendant proceeded against without personal service, whether the death occurs before or after the filing of the bill, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of the final decree, to make themselves parties by petition, verified by affidavit, showing merits and contest the complainant's bill. Code 1858, § 4380 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6190; Code 1932, § 10461; T.C.A. (orig. ed.), § 21-512.
The death of the defendant proceeded against without personal service, whether the death occurs before or after the filing of the bill, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of the final decree, to make themselves parties by petition, verified by affidavit, showing merits and contest the complainant's bill.
Code 1858, § 4380 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6190; Code 1932, § 10461; T.C.A. (orig. ed.), § 21-512.
The death of the defendant proceeded against without personal service, whether the death occurs before or after the filing of the bill, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of the final decree, to make themselves parties by petition, verified by affidavit, showing merits and contest the complainant's bill.
Code 1858, § 4380 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6190; Code 1932, § 10461; T.C.A. (orig. ed.), § 21-512.
Status: in_force
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