Payment of Redemption Money Through Clerk of Court — Failure of Clerk to Pay Over

  1. Law
  2. Tennessee Code
  3. Property
  4. Redemption of Real Estate Sold for Debt
  5. Payment of Redemption Money Through Clerk of Court — Failure of Clerk to Pay Over

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  1. Where the purchaser is absent from the purchaser's usual place of residence, so that personal tender to the purchaser is prevented, or resides out of the county where the land lies, the debtor, or party entitled to redeem, may pay the redemption money to the clerk of the circuit court of the county in which the land lies, or in case the land is sold by the judgment or decree of a court, then to the clerk of the court from which the same is sold, to be held by the clerk for the person entitled to it, and such payment shall be good to all intents and purposes.
  2. If the clerk fails or refuses to pay over such money to the person entitled to it, on application, it may be recovered by motion, in the same way as money paid to the clerk on execution, and not paid over on demand.

Code 1858, §§ 2136, 2137 (deriv. Acts 1843-1844, ch. 179, §§ 2, 3); Acts 1870, ch. 111, § 1; 1889, ch. 83, § 1; 1897, ch. 132, § 1; Shan., §§ 3823, 3824; Code 1932, §§ 7748, 7749; T.C.A. (orig. ed.), §§ 64-813, 64-814.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 3.

Tennessee Jurisprudence, 21 Tenn. Juris., Redemption of Real Estate Sold for Debt, §§ 20, 21.

Law Reviews.

Inadequate Trust Deed Waivers of the Statutory Right of Redemption: The Nightmare Reoccurs (George T. Lewis, III), 22 No. 5, Tenn. B.J. 27 (1986).


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