§ 29-23-201 — Injunction against sale under trust deed or mortgage - Notice required

(a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made. (b) No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.

Legislative History

Acts 1873, ch. 10, § 1; Shan., § 6248; Code 1932, § 10535; mod. C. Supp. 1950, § 10535; T.C.A. (orig. ed.), § 23-2401.