§ 25-3-128 — Personal representatives

(a) The remedies given by §§ 25-3-122 - 25-3-134 lie both for and against the personal representatives of deceased persons. (b) Where a judgment by motion is rendered against an executor or administrator without notice, founded on a demand against the deceased, on scire facias to make the defendant liable out of the defendant's own estate, the defendant shall be permitted to make any defense the defendant might have made to the original motion.

Legislative History

Code 1858, §§ 3626, 3627 (deriv. Acts 1801, ch. 18, § 2); Shan., §§ 5391, 5392; Code 1932, §§ 9550, 9551; T.C.A. (orig. ed.), § 25-329.