2020 Tennessee Code
Title 29 - Remedies and Special Proceedings
Chapter 27 - Partition
Part 1 - Partition Generally
§ 29-27-123. Persons Not Bound by Decree
Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in §29-27-122, from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made.
Code 1858, § 3292; Shan., § 5041; Code 1932, § 9196; T.C.A. (orig. ed.), § 23-2127; modified; T.C.A. (orig. ed.), § 23-2127.
Code Commission Notes.
Prior to modification by the Tennessee Code Commission in light of § 31-202 (now §31-2-102) abolishing dower and curtesy, this section read as follows:
“Such judgment and partition will not affect any tenants, or persons having claims as tenants, in dower, by the curtesy, or for life, to the whole of the premises, nor preclude any person, except those specified in §29-27-122, from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made.”
Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 485.
Tennessee Jurisprudence, 20 Tenn. Juris., Partition, § 31.
Cited: Cripps v. Cripps, 202 Tenn. 67, 302 S.W.2d 340, 1957 Tenn. LEXIS 364 (1957); Yarbro v. Easley, 525 S.W.2d 495, 1974 Tenn. App. LEXIS 123 (Tenn. Ct. App. 1974).
