Satisfaction Set Aside for Want of Title

  1. Law
  2. Tennessee Code
  3. Execution
  4. Sale on Execution
  5. Satisfaction Set Aside for Want of Title

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  1. Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set aside, and the judgment or decree revived by scire facias.
  2. The scire facias may be obtained on affidavit of the plaintiff, the plaintiff's agent or attorney, setting forth the facts of the sale and want of title to the property so sold, and shall be served, returned, and heard together, with proof upon the question of title, as in other cases.
  3. If it shall appear at the trial that the defendant's title to the property at the time of the purchase was good and valid, the proceedings shall be dismissed with costs, as in other cases.
  4. This section shall apply to judgments and decrees for costs, upon affidavit of any party interested in the costs.
  5. In case the sheriff or other officer making the sale shall not have taken any bond of indemnity, and the defendant in the execution shall proceed against the sheriff and other officer and recover judgment, the sheriff and other officer shall be substituted to the rights of the plaintiff under this section.

Code 1858, §§ 2990-2993 (deriv. Acts 1847-1848, ch. 191, §§ 1-3); Acts 1875, ch. 33, §§ 1, 2; Shan., §§ 4719-4723; mod. Code 1932, §§ 8853-8857; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 26-720 — 26-724.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 239.

Tennessee Jurisprudence, 12 Tenn. Juris., Executions, § 50; 16 Tenn. Juris., Judgments and Decrees, § 68.


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