The death of the defendant proceeded against by attachment, without personal service, whether the death occur before or after the commencement of the action, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of final judgment or decree, to make themselves parties by petition showing merits verified by affidavit, and contest the plaintiff's demand.
Code 1858, § 3533; Shan., § 5293; Code 1932, § 9485; T.C.A. (orig. ed.), § 23-664.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 344.
Collateral References. 7 C.J.S. Attachment § 266.