reglab/housing_qa huggingface dataset:
TN Code § 29-27-204 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-204. Amendment to Pray Sale

 The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest.   Code 1858, § 3298; Shan., § 5047; Code 1932, § 9202; T.C.A. (orig. ed.), § 23-2131.   Collateral References. Partition 77(4).
TN Code § 29-27-205 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-205. Answer Asking Sale

 Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division.   Code 1858, § 3297; Shan., § 5046; Code 1932, § 9201; T.C.A. (orig. ed.), § 23-2132.   Collateral References. Partition 77(4).
TN Code § 29-27-206 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-206. Commissioners Recommending Sale

 If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant.   Code 1858, § 3299; Shan., § 5048; Code 1932, § 9203; T.C.A. (orig. ed.), § 23-2133.
TN Code § 29-27-207 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-207. Decree for Sale of Estate Situated in Several Counties

 When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state.   Code 1858, § 3295 (deriv. Acts 1847-1848, ch. 170, §§ 1, 2); Shan., § 5044; Code 1932, § 9199; T.C.A. (orig. ed.), § 23-2134.
TN Code § 29-27-208 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-208. Sale of Life Estate

  The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest.    If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold.   If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.     When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate.    Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., §§ 5054-5057; Code 1932, §§ 9209-9212; Acts 1976, ch. 529, §§ 9, 10; T.C.A. (orig. ed.), §§ 23-2135 — 23-2137.
TN Code § 29-27-209 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-209. Ascertainment of Encumbrances — Payment

   It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.   Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.     If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance.    Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§ 9213-9215; T.C.A. (orig. ed.), §§ 23-2138, 23-2139.
TN Code § 29-27-210 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-210. Interpleader of Encumbrancer

 If the party dispute the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.   Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.
TN Code § 29-27-211 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-211. Unencumbered Shares Unaffected

 The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 — 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance.   Code 1858, § 3313; Shan., § 5062; Code 1932, § 9217; T.C.A. (orig. ed.), § 23-2141.   Collateral References. 59 Am. Jur. 2d Partition §§ 126-129, 192, 193.   68 C.J.S. Partition § 217.   Partition 101.
TN Code § 29-27-212 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-212. Sale Subject to Encumbrance

 Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way.   Code 1858, § 3314; Shan., § 5063; Code 1932, § 9218; T.C.A. (orig. ed.), § 23-2142.
TN Code § 29-27-213 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-213. Purchaser's Rights Under Undisclosed Encumbrance

 Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.   Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.
TN Code § 29-27-214 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-214. Terms of Sale

 The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties.   Code 1858, § 3300 (deriv. Acts 1827, ch. 54, § 1); Shan., § 5049; Code 1932, § 9204; T.C.A. (orig. ed.), § 23-2144.   Collateral References. Partition 102.
TN Code § 29-27-215 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-215. Security for Purchase Money

  The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid.   The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance with the orders of the court.    Code 1858, §§ 3301, 3304; Shan., §§ 5050, 5053; Code 1932, §§ 9205, 9208; T.C.A. (orig. ed.), § 23-2145.
TN Code § 29-27-216 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-216. Vesting of Title in Purchaser

 The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under the provisions of this Code.   Code 1858, § 3303; Shan., § 5052; Code 1932, § 9207; T.C.A. (orig. ed.), § 23-2146.
TN Code § 29-27-217 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-217. Decree

 The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith.   Code 1858, § 3302 (deriv. Acts 1827, ch. 54, § 2); Shan., § 5051; Code 1932, § 9206; T.C.A. (orig. ed.), § 23-2147.
TN Code § 29-27-218 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-218. Disposition of Proceeds of Sale

  The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order.   If any of the parties are infants, the court shall direct the disposition of the shares of such parties, and may order that the money be paid over to the general guardian, upon giving bond, with good security, to cover the fund, or laid out in the purchase of other lands for such minors, or otherwise permanently invested.   The court shall, in like manner, direct the disposition of the shares of other parties laboring under the disability of unsoundness of mind, or, upon proper application, order a reinvestment in other property, for the benefit of such parties.   Where any of the parties are absent from the state, are without legal representatives in this state, or are not known or named in the proceedings, the court shall direct the shares of such parties to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives.    Code 1858, §§ 3316-3318, 3321 (deriv. Acts 1827, ch. 54, §§ 2, 3; 1851-1852, ch. 166, § 4); Shan., §§ 5065-5067, 5070; Code 1932, §§ 9220-9223; T.C.A. (orig. ed.), §§ 23-2148 — 23-2151.
TN Code § 29-27-219 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 27 - Partition|Part 2 - Sale for Division|§ 29-27-219. Bond to Refund Proceeds of Sale

 The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it should thereafter appear that such party was not entitled thereto.   Code 1858, § 3322; Shan., § 5071; Code 1932, § 9224; T.C.A. (orig. ed.), § 23-2152.
TN Code § 29-30-101 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-101. Action to Recover Personal Property

 Where goods, chattels, or other items of tangible personal property are in the possession of another, the person entitled to possession thereof may recover such goods, chattels, or other tangible personal property by filing an action to recover personal property.
TN Code § 29-30-102 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-102. Jurisdiction and Venue

  The action may be instituted in the court of general sessions or in the circuit court or chancery court.   The action may be instituted in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any defendant resides or in the county where the address of any defendant was stated to be in any writing on which the plaintiff's claim to possession is founded.
TN Code § 29-30-103 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-103. Complaint or Warrant — Affidavit — Exhibit

  The action to recover personal property shall be commenced by filing a complaint in the circuit or chancery court, or by causing a warrant to issue in the general sessions court.   If the plaintiff's right of possession is founded upon a writing, a copy of the writing shall be attached as an exhibit to the affidavit.   The complaint or warrant shall be sworn to, or have attached a sworn affidavit. The following facts shall be sworn to:  That the plaintiff is entitled to possession of the described property and the reason plaintiff is so entitled;   A description which reasonably identifies the property sought; and   The value of the property.
TN Code § 29-30-105 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-105. Restraining Order Against Defendant — Penalty for Violation — Form of Order

  If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property from the court's jurisdiction.   Upon proper showing that such order has been violated, the defendant commits a Class C misdemeanor.   The restraining order shall be substantially in the following form:  “FIAT   Upon the plaintiff posting a bond in the amount of $  , the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court.   Judge (Chancellor)”   IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH.
TN Code § 29-30-107 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-107. Writ of Possession — Execution — Preservation of Property — Answer

  The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff.   The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.   If the property subject to the action hereunder is perishable or threatens to decline speedily in value, the court shall issue such other and further orders as it may find necessary to preserve the property or the value thereof for the benefit of either or both of the parties pending such final determination of the litigation.   If the action in circuit or chancery courts is answered before or after the possessory hearing, the answer shall set forth with reasonable certainty the location of the personal property and any and all rights, remedies, credits, setoffs, or affirmative action growing out of the same matter the defendant may have had against the plaintiff.
TN Code § 29-30-108 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-108. Additional Relief — Prerequisites to Deficiency Judgment

  In an action to recover personal property, in addition to the recovery of the property, the plaintiff may proceed to recover the balance due on the debt or the plaintiff may, in addition to recovering the personal property, obtain a judgment against the defendant for any debt or other claim arising out of the same transaction or set of circumstances, or the plaintiff may proceed solely for recovery of the personal property with the right to seek a judgment for additional relief in a subsequent action.   No deficiency judgment shall be obtained by the plaintiff or plaintiffs until plaintiff or plaintiffs shall have complied with all requirements of the Uniform Commercial Code applicable thereto.
TN Code § 29-30-109 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-109. Execution of Appeal Bond

 In the event an appeal is perfected to the supreme court or to the court of appeals, or to the circuit court from such judgment, the appellant shall execute an appeal bond as is otherwise provided for by law.
TN Code § 29-30-110 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-110. Exemplary Damages — Attorneys Fees

 The court may, in proper cases, give exemplary damages, including reasonable attorneys fees, in favor of the defendant for the plaintiff's wrongful suing out of this possessory action or in the event that the plaintiff fails to prosecute the action after it has been instituted.
TN Code § 29-30-111 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 1 - Action to Recover Personal Property|§ 29-30-111. Issue of Counterparts of Writs

 Counterpart of the writ of possession may issue, upon suggestion of the plaintiff, to any other county, to be executed upon the goods, or chattels, or served upon defendants found in such county. The court has power to order the issuance of alias and pluries process and writs of possession, and the necessary counterparts thereof, as often as may be necessary.
TN Code § 29-30-201 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-201. Detinue

 Where the action is to recover specific personal property, if the party seeks to recover the possession only at the end of the suit, the party may bring detinue.   Code 1858, § 2749; Shan., § 4440; Code 1932, § 8566; Acts 1973, ch. 365, § 12(a); T.C.A. (orig. ed.), § 23-2301.
TN Code § 29-30-202 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-202. Venue of Action

 The action may be brought in any county in which the goods and chattels, or any part of them, are, or in which either of the defendants may be found.   Code 1858, § 3375 (deriv. Acts 1845-1846, ch. 65, § 1; 1853-1854, ch. 60, § 1); Shan., § 5129; Code 1932, § 9284; T.C.A. (orig. ed.), § 23-2303.   Law Reviews.   Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.   The Tennessee Court System (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 189.   The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.
TN Code § 29-30-203 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-203. Procedure After Personal Service but Failure to Get Property

 If the officer's return is that the officer has summoned the defendant, but could not get possession of the goods and chattels sued for, the plaintiff may elect to proceed in case or detinue, and then the cause shall be conducted as if the leading process had been in one of those forms.   Code 1858, § 3383 (deriv. Acts 1845-1846, ch. 65, § 12); Shan., § 5137; Code 1932, § 9292; Acts 1973, ch. 365, § 12(c); T.C.A. (orig. ed.), § 23-2310.
TN Code § 29-30-204 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-204. Publication on Nonresident

 Should the defendant, or any defendant, be a nonresident of the state, the officer shall return the fact and the court shall order publication to be made for four (4) successive weeks in some newspaper published in the county in which the suit is pending, or in the nearest county. The publication shall state the names of the parties and briefly set forth the nature of the writ.   Code 1858, § 3385 (deriv. Acts 1853-1854, ch. 60, § 3); Shan., § 5139; mod. Code 1932, § 9294; T.C.A. (orig. ed.), § 23-2312.   Law Reviews.   Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.
TN Code § 29-30-205 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-205. Clerk's Liability for Insufficient Bond

 The clerk shall not be exempt, by reason of such orders made by the court, from liability for any damages proceeding from failure to take good and sufficient security.   Code 1858, § 3393 (deriv. Acts 1845-1846, ch. 65, § 4); Shan., § 5148; Code 1932, § 9303; T.C.A. (orig. ed.), § 23-2314.
TN Code § 29-30-206 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-206. Trial Without Personal Service

 If there be no personal service, the court shall impanel a jury and try the cause as though the defendant had filed a plea.   Code 1858, § 3387 (deriv. Acts 1853-1854, ch. 60, § 2); Shan., § 5141; Code 1932, § 9296; T.C.A. (orig. ed.), § 23-2316.   Law Reviews.   Remedies Under the Tennessee Commercial Code (John A. Walker, Jr.), 30 Vand. L. Rev. 1197.
TN Code § 29-30-207 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-207. Monetary Damages

 On the issue being found for the plaintiff, or in case of default, upon writ of inquiry, the jury shall ascertain the plaintiff's damages for the seizure and detention, and judgment shall be rendered therefor with costs.   Code 1858, § 3389 (deriv. Acts 1845-1846, ch. 65, § 8; 1853-1854, ch. 60, § 2); Shan., § 5143; Code 1932, § 9298; T.C.A. (orig. ed.), § 23-2318.
TN Code § 29-30-208 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-208. Judgment for Defendant

 If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose.   Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
TN Code § 29-30-209 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-209. Failure to Return Goods Under Alternative Judgment for Defendant

 Where judgment has been rendered in the alternative, under § 29-30-208, if the goods are not returned to the defendant, and the writ of fieri facias is returned unsatisfied, in whole or in part, the defendant may have an accordant final judgment over, by motion, without notice against plaintiff and plaintiff's sureties in the replevin bond, at the term of the court to which the fieri facias shall have been returned. The proceedings of the judgment final shall be a part of the record of the original cause.
TN Code § 29-30-210 (2021)
2021 Tennessee Code|Title 29 - Remedies and Special Proceedings|Chapter 30 - Recovery of Personal Property|Part 2 - Detinue|§ 29-30-210. Exemplary Damages

  The jury may, in proper cases, give exemplary damages in favor of either party.   In all cases where the plaintiff fails to prosecute the suit with effect, the jury may make such valuation as will be likely to effect a return of the property to the defendant, if the character of the property is such as to make the return of the specific property important.    Code 1858, § 3391; Shan., § 5146; Code 1932, § 9301; T.C.A. (orig. ed.), § 23-2321.