Ascertainment of Encumbrances — Payment

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Partition
  5. Sale for Division
  6. Ascertainment of Encumbrances — Payment

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    1. It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.
    2. Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.
  2. If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance.

Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§ 9213-9215; T.C.A. (orig. ed.), §§ 23-2138, 23-2139.

Cross-References. Reference to determine taxes due, §26-5-108.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 252, 491, 492.


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