If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made without the notice required in this section are voidable.
Code 1858, § 3042 (deriv. Acts 1799, ch. 14, § 1; 1855-1856, ch. 83, § 2); Shan., § 4770; mod. Code 1932, § 8900; T.C.A. (orig. ed.), § 26-703.
Textbooks. Tennessee Jurisprudence, 12 Tenn. Juris., Executions, §§ 36; 43; 25 Tenn. Juris., Witnesses, § 12.