Rogers v. Jennings' Lessee
Tennessee Supreme Court
^ sheriff, or other sworn officer, is always presumed to do his A sheriff’s deed, reciting “that he legally advertised and made known the time and place of sale,” &c, is prima facie evidence that the defendant in possession had the notice required by the act of 1799, ch. 14. In such case, the defendant must prove that he had no notice.
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^ sheriff, or other sworn officer, is always presumed to do his A sheriff’s deed, reciting “that he legally advertised and made known the time and place of sale,” &c, is prima facie evidence that the defendant in possession had the notice required by the act of 1799, ch. 14. In such case, the defendant must prove that he had no notice. This notice is as much required, where the sheriff sells under a venditioni exponas, founded on a judgment of the county court, condemning the land, &c. by virtue of a levy by a constable on a justice’s judgment, as if the judgment were rendered in a court of…
1Opinion of the CourtPeck, J.
The sheriff in his deed (after reciting the process) says, “according to the laws of the state, in such case made and provided, and the provisions and requisitions therein contained, having legally advertised and made known the same, did, on the 22d day of March 1828,” &c. “expose,” &c.
It being the duty of the sheriff to give the defendant in possession, whose land he is about to sell under an execution, notice under the act of 1799, ch. 14, we are to take it prima facie that the notice was given.— The evidence of a non-performance of his duty in this respect, must come from’the defendant;…
2Cases cited1 opinion
- Bashaw v. Blakemore's AdministratorTennessee Superior Court for Law and Equity · 1808
3Cited by3 opinions
- Hames v. Archer Paper CompanyCourt of Appeals of Tennessee · 1958
- Byrd v. BradleyCourt of Appeals of Tennessee · 1995
- DOJI, Inc. d/b/a Demos' Steak and Spaghetti House v. James G. Neeley, Commissioner, Tennessee Department of Labor & Workforce Development Employment Security Division and Andrea T. RuffinCourt of Appeals of Tennessee · 2009