Notice of Petition

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Partition
  5. Partition Generally
  6. Notice of Petition

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  1. Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b).
  2. If any of the parties defendant are nonresidents or unknown, or of unknown residence, the court, or its clerk, may order and make publication for them, under this Code in like cases in chancery where personal service of process is dispensed with.

Code 1858, §§ 3273, 3275 (deriv. Acts 1799, ch. 11, § 1; 1823, ch. 37, § 1); Shan., §§ 5021, 5023; Code 1932, §§ 9176, 9178; T.C.A. (orig. ed.), §§ 23-2111, 23-2112.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-8-8.

Tennessee Jurisprudence, 20 Tenn. Juris., Partition, § 28.

Law Reviews.

Real Property (Herman L. Trautman), 6 Vand. L. Rev. 1080.


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