Appointment of Commissioners

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

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  1. Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned.
  2. If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one (1) set for all the lands, as may seem best for the interest of the parties.

Code 1858, §§ 3279, 3287 (deriv. Acts 1787, ch. 17, § 1); Shan., §§ 5027, 5036; Code 1932, §§ 9182, 9191; T.C.A. (orig. ed.), § 23-2117; Acts 2016, ch. 1078, § 1.

Amendments. The 2016 amendment rewrote (a) which read: “(a) Whenever the judgment of partition is rendered, the court will appoint three (3) or more respectable freeholders, any three (3) of whom may perform the duty, to make the partition so adjudged, according to the respective rights and interests of the parties, as the same are ascertained and determined.”

Effective Dates. Acts 2016, ch. 1078, § 2. May 20, 2016.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 488.

Cited: McKenzie Banking Co. v. Couch, 332 S.W.3d 349, 2010 Tenn. App. LEXIS 328 (Tenn. Ct. App. May 12, 2010).


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