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Petition in Equity for Sale of Realty by Chancery, Circuit, or Probate Court in County Where Land Lies

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Where an executor not authorized by will to sell and convey real estate, or an administrator, has exhausted the personal estate of the deceased in the payment of the deceased's debts, leaving just debts or demands against the deceased unpaid, or paid by the representative out of the representative's own means, and the deceased died seized and possessed of real estate, the chancery, circuit, or probate court of the county where the real estate or a portion of it lies, may, on the petition of the personal representative, or any bona fide creditor whose debt remains unpaid, decree the sale of those lands, or of such portions of the lands as may prove least injurious to the heirs and legal representatives, and as may be sufficient to satisfy the debts or demands set forth in the bill or petition, and shown to exist.
This proceeding may be had in any county where any portion of the land lies, and the court may decree a sale of any lands in any county.

Code 1858, §§ 2267, 2270 (deriv. Acts 1827, ch. 54, § 4; 1831, ch. 22, § 1); 1847-1848, ch. 170, § 1; Shan., §§ 4000, 4003; Code 1932, §§ 8213, 8216; T.C.A. (orig. ed.), §§ 30-603, 30-606.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 121, 434.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 39, 614, 850, 867-870.

Tennessee Jurisprudence, 12 Tenn. Juris., Executors and Administrators, §§ 53-55; 16 Tenn. Juris., Judicial Sales, § 5; 18 Tenn. Juris., Marshaling Decedents' Estates, §§ 2, 3, 7; 25 Tenn. Juris., Witnesses, § 22.

Law Reviews.

Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219 (1974).

The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241 (1978).

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