Parties Defendant

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  1. The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit.
  2. When the suit is against a tenant by a party claiming adversely to the title of the tenant's landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant.

Code 1858, §§ 3231, 3232 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4972, 4973; Code 1932, §§ 9120, 9121; T.C.A. (orig. ed.), § 23-1303.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 81, 479.

Tennessee Jurisprudence, 1 Tenn. Juris., Adverse Possession, § 5; 10 Tenn. Juris., Ejectment, §§ 18, 30.

Law Reviews.

Champerty as We Know It (R. D. Cox), 13 Mem. St. U.L. Rev. 139 (1983).


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