Upon the return of two (2) writs of scire facias, that the heirs or devisees have been summoned on each, or that they reside out of the state, so that they cannot be summoned, and have no guardians upon whom the writ can be executed, judgment shall be given against the real estate in their hands, though no appearance be made for them.
Code 1858, § 2261 (deriv. Acts 1784 (Oct.), ch. 11, § 4); Shan., § 3994; Code 1932, § 8206; T.C.A. (orig. ed.), § 30-614.
Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 860, 861.