Scire Facias Against Obligors in Refunding Bond — Execution

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  2. Tennessee Code
  3. Administration of Estates
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  6. Scire Facias Against Obligors in Refunding Bond — Execution

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  1. Where an executor or administrator has pleaded fully administered, no assets, or not sufficient assets to satisfy the plaintiff's or complainant's demand, and that plea has been found in favor of the defendant, and judgment has been recovered against the defendent, to be levied on the assets of the deceased, the creditor, on the creditor's motion, may have scire facias against the obligors in the bond, to show cause why execution should not be issued against them for the amount of the judgment.
  2. If there is judgment against the defendants to scire facias, or any of them, execution may issue on the judgment against the proper goods and chattels, lands and tenements of the defendant or defendants.

Code 1858, §§ 2318, 2319 (deriv. Acts 1789, ch. 23, § 3); Shan., §§ 4055, 4056; Code 1932, §§ 8338, 8339; T.C.A. (orig. ed.), §§ 30-1306, 30-1307.

Cross-References. Defense may be made on scire facias, §25-3-128.

Issue found against representatives, §30-2-413.

Personalty exhausted, proceeding to subject realty, §30-2-410.

Textbooks. Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), § 796.


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