Decree — Reservation of Unknown Interests

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Partition
  5. Partition Generally
  6. Decree — Reservation of Unknown Interests

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  1. The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right.
  2. The court may, in a proper case, where there are unknown parties or unknown shares, give judgment that partition be made, so far as the rights or interests of the parties or shares are known and ascertained, and the residue of the premises shall remain for the parties whose interests have not been ascertained, subject to division at any future time.

Code 1858, §§ 3277, 3278; Shan., §§ 5025, 5026; Code 1932, §§ 9180, 9181; T.C.A. (orig. ed.), §§ 23-2115, 23-2116.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 484.

Tennessee Jurisprudence, 20 Tenn. Juris., Partition, § 8.

Law Reviews.

Survey of Tennessee Property Law, II. Estates in Land (Beverly A. Rowlett), 48 Tenn. L. Rev. 55.

Cited: Davis v. Solari, 132 Tenn. 225, 177 S.W. 939, 1915 Tenn. LEXIS 16 (1915); Parker v. Lambert, 206 S.W.3d 1, 2006 Tenn. App. LEXIS 224 (Tenn. Ct. App. 2006).


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