Bill Where Legal Remedies Insufficient

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In all cases where personal service of process cannot be made at law, and where no original attachment at law will lie, and no judgment at law can be obtained, and also in cases where the demand is purely of an equitable nature, the court of chancery has jurisdiction to subject legal and equitable interests in every kind of property, with the exception stated in §26-4-101, the lien to commence from the filing of the bill (but as to subsequent purchasers and encumbrancers from registration) if the facts are verified by affidavit, and injunction is granted.

Code 1858, § 4287 (deriv. Acts 1832, ch. 11, § 4); Shan., § 6096; mod. Code 1932, § 10357; T.C.A. (orig. ed.), § 23-1009.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 332, 443, 454.

Tennessee Jurisprudence, 3 Tenn. Juris., Attachment and Garnishment, §§ 116, 117, 119; 8 Tenn. Juris., Covenants, § 4; 11 Tenn. Juris., Equity, § 23; 13 Tenn. Juris., Fraudulent and Voluntary Conveyances, § 41.


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