Execution as Evidence

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On the trial of the motion, a copy of the execution made and certified by the clerk, with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with the clerk's certificate that the execution was received by the sheriff, or sent to the sheriff by mail, is evidence of the facts so certified, without producing a transcript of the entire record, or compelling the clerk personally to attend.

Code 1858, § 3598; Shan., § 5363; Code 1932, § 9522; T.C.A. (orig. ed.), § 25-307.


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