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The court has the same power and jurisdiction in all respects to set aside fraudulent conveyances and other fraudulent devices, in the cases mentioned in §§29-12-101 —29-12-103, and to subject the property, by sale or otherwise, to the payment of debts, as if the creditor had obtained judgment, and execution thereon had been returned unsatisfied.

Code 1858, § 4291 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6100; Code 1932, § 10361; T.C.A. (orig. ed.), § 23-1004.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Assignments for the Benefit of Creditors, § 15; 13 Tenn. Juris., Fraudulent and Voluntary Conveyances, § 43.

Law Reviews.

Preferences, Priorities, and Powers of the State in the Collection of Delinquent Revenue: Tennessee's Tax Enforcement Procedures Act (Donald J. Serkin), 8 Mem. St. U.L. Rev. 707.

Cited: Exum v. Griffis Newbern Co., 144 Tenn. 239, 230 S.W. 601, 1921 Tenn. LEXIS 33 (1921); In re Bell, 55 B.R. 246, 1985 Bankr. LEXIS 4923 (Bankr. M.D. Tenn. 1985).


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