Contents of Declaration

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It is sufficient for the plaintiff to allege in plaintiff's declaration that plaintiff was possessed of the premises sued for at the time specified, which should be after plaintiff's title accrued, and, being so possessed thereof, the defendant afterwards, on a day stated, entered thereon, and unlawfully withholds the same, to the plaintiff's damage, naming the sum. The plaintiff's declaration shall specify the quantity of plaintiff's estate and the extent of plaintiff's interest, according to the truth, and describe the premises, with convenient certainty, by metes and bounds, or other appropriate description.

Code 1858, §§ 3234, 3235 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4975, 4976; Code 1932, §§ 9123, 9124; T.C.A. (orig. ed.), § 23-1305.

Cross-References. Civil actions commenced by filing complaint, Tenn. R. Civ. P. 3.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 477.

Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 198; 10 Tenn. Juris., Ejectment, § 17.

Cited: Owens v. Owens, 21 Tenn. App. 104, 106 S.W.2d 227, 1937 Tenn. App. LEXIS 12 (Tenn. Ct. App. 1937).


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