It is not necessary to issue a scire facias to revive a judgment or decree which has lain a year and a day without the issuance of an execution, but same or a writ of possession may be sued out, in such case, after the year and day, as if issued within that time.
Code 1858, § 2987 (deriv. Acts 1849-1850, ch. 37); Shan., § 4715; mod. Code 1932, § 8849; T.C.A. (orig. ed.), § 25-401.
Cross-References. Revival when execution sale ineffective, §26-5-114.
Ten year limitation of actions on judgments or decrees, §28-3-110.
Textbooks. Tennessee Jurisprudence, 16 Tenn. Juris., Judgments and Decrees, § 70.
Law Reviews.
An Exegesis of the Ejectment Statutes of Tennessee (R.D. Cox), 18 Mem. St. U.L. Rev. 581 (1988).
The Abatement of Criminal Fines upon Death of Defendant: Punishment, Precedent, and Policy, 11 Mem. St. U.L. Rev. 67.