Death of Codefendant

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If there are more defendants than one (1), and any of them die, leaving the codefendant surviving, the plaintiff may proceed by execution against the survivor, and/or revive by scire facias against any or all of the personal representatives of the deceased, to be issued to any county.

Code 1858, § 2988; Shan., § 4716; mod. Code 1932, § 8850; T.C.A. (orig. ed.), § 25-402.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 234.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 714.


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