At any time before ten o'clock a.m. (10:00 a.m.) on the day of sale, the defendant or other person whose property is to be sold may deliver to the officer or person making the sale, a plan of division of the lands to be sold, subscribed by the defendant or other person, bearing a date subsequent to the date of advertisement, in which case so much of the land as may be necessary to satisfy the debt and costs, and no more, shall be sold according to the plan furnished. If no such plan is furnished, the land may be sold without division.
Code 1858, § 2154 (deriv. Acts 1799, ch. 14, § 3); Shan., § 3847; Code 1932, § 7802; T.C.A. (orig. ed.), § 35-509.
Cross-References. Defendant dividing lands in execution sales, §26-5-105.
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 463.
Tennessee Jurisprudence, 19 Tenn. Juris., Mortgages and Deeds of Trust, § 59.
Law Reviews.
Power of Sale Foreclosure in Tennessee, 8 Mem. St. U.L. Rev. 871 (1978).