Death of Parties

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Ejectment
  5. Death of Parties

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  1. The death of either party does not abate the action, but it may be revived in favor of the heirs or devisees of the plaintiff, and against the heirs and terre-tenants of the defendant.
  2. If the heirs are nonresident, the court may order publication to be made for them, as in the case of other nonresident defendants; and, if they fail to appear and defend, judgment by default may be taken, subject to the rules and regulations of this Code touching judgments against nonresident defendants.
  3. If any of the heirs of a deceased defendant are infants, either resident or nonresident, without regular guardian in this state, the court may appoint a guardian ad litem for such infants after suit has been revived against them by service of process or publication, as aforementioned. Should such nonresident heirs appear, the court may, at any time before the trial, upon satisfactory ground shown, change the guardians, and appoint others to defend in behalf of such defendants.

Code 1858, §§ 3255-3258 (deriv. Acts 1819, ch. 16, §§ 4-6; 1851-1852, ch. 152, § 2); Shan., §§ 5003-5006; Code 1932, §§ 9151-9154; T.C.A. (orig. ed.), § 23-1311.

Cross-References. Substitution of parties, Tenn. R. Civ. P. 25.01.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Abatement, Survival and Revival, § 27; 10 Tenn. Juris., Ejectment, § 11.

Cited: Woolridge v. McKenna, 8 F. 650, 1881 U.S. App. LEXIS 1925 (C.C.D. Tenn. 1881); Seals v. H & F, Inc., 301 S.W.3d 237, 2010 Tenn. LEXIS 12 (Tenn. Jan. 15, 2010).


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