Publication and Posting of Notice

  1. Law
  2. Tennessee Code
  3. Execution
  4. Sale on Execution
  5. Publication and Posting of Notice

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    1. The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made.
    2. The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of which the property is being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103, instead of by notices published in a newspaper.
    3. If no newspaper is published in the county in which the land is to be sold, the advertisement in a newspaper, unless ordered by court, is dispensed with and such land shall be sold in accordance with § 35-5-103.
    1. If the sale be of personalty, the officer shall advertise the time and place of the sale in at least five (5) public places in the officer's county, one (1) of which shall be the door of the courthouse, and another, at the most public place in the neighborhood of the defendant.
    2. Constables residing out of the district including the county seat, shall not be required to advertise the sale of personalty at the courthouse door.

Code 1858, § 3039 (deriv. Acts 1813, ch. 103, § 2; 1855-1856, ch. 83, § 3); Shan., § 4767; Code 1932, § 8897; Acts 1943, ch. 123, § 3; C. Supp. 1950, § 8897; Acts 1957, ch. 41, § 2; T.C.A. (orig. ed.), § 26-701.

Cross-References. Authority of judge to secure auctioneer, §35-5-112.

Sale on distress warrant for privilege taxes, §67-4-110.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 722.

Tennessee Jurisprudence, 12 Tenn. Juris., Executions, §§ 32, 36, 43.

Law Reviews.

Forms of Relief, 4 Mem. St. U.L. Rev. 400.

Judicial Reform at the Lowest Level: A Model Statute for Small Claims Courts, Part III, 28 Vand. L. Rev. 747.


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