Perishable Property

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Attachment and Replevy
  5. Perishable Property

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  1. Perishable property may be sold by order of the court before whom the suit is pending, unless replevied by the defendant.
  2. If any, or all, of the property is of so perishable a nature, or so expensive, as to render a sale necessary for the interest of the parties, before the officer can make the return, the officer may sell the same, upon advertisement as in the case of execution sales, and make return of the facts with the proceeds of sale.

Code 1858, §§ 3504, 3505 (deriv. Acts 1835-1836, ch. 43, § 4; 1845-1846, ch. 108, § 5); Shan., §§ 5264, 5265; mod. Code 1932, §§ 9455, 9456; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-641.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 353.

Collateral References. 7 C.J.S. Attachment § 319.

Construction and effect of provision for execution sale on short notice, or sale in advance of judgment under writ of attachment, where property involved is subject to decay or depreciation. 3 A.L.R.3d 593.

Attachment 196.


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