Death of Parties

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

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  1. The heir or representative of the person who might have been plaintiff, if alive, may bring the suit after the potential plantiff's death.
  2. If either party die during the pendency of the suit, it may be revived by or against the heirs or legal representatives of the decedent, in the same manner and to the same extent as real actions.

Code 1858, §§ 3368, 3369 (deriv. Acts 1849-1850, ch. 113, § 1); Shan., §§ 5118, 5119; Code 1932, §§ 9273, 9274; T.C.A. (orig. ed.), § 23-1610.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 686.

Tennessee Jurisprudence, 1 Tenn. Juris., Abatement, Survival and Revival, § 27; 13 Tenn. Juris., Forcible Entry and Detainer, §§ 3, 8.

Collateral References. 36A C.J.S. Forcible Entry and Detainer § 30.

Forcible entry and detainer 18.


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