Tennessee § 46-2-104 - Suit for escheat — Notice — Parties.

§ 46-2-104. Suit for escheat — Notice — Parties.

In all cases where municipalities, corporations, associations or other owners of cemeteries have a good right to believe any vacant cemetery lots or grave spaces have escheated to it, the municipalities, corporations, associations or other owners are empowered to bring suit for the escheated property and shall make defendants to its bill filed in the cause the personal representative of the deceased, if known, and all other persons who are in possession or in any manner or way claim any interest in or to the vacant cemetery lots or grave spaces. If the parties are residents of the state, they shall be served with process; if the parties are nonresidents of the state, they shall be made parties by publication, according to law. In addition to the defendants named pursuant to this section under the bill, there shall be publication made for thirty (30) days in a newspaper in the county in which the bill is filed, or if no newspaper is published in the county, then in the nearest newspaper so published, calling upon unknown heirs of the deceased person claiming under the deceased person, in any manner or way, whatever, to enter an appearance as defendants to the bill or suit, and all persons having an interest in the bill or suit may come into court and defend the bill or suit according to the rule of the court. Acts 1955, ch. 279, § 2; T.C.A., § 46-310; T.C.A., § 46-3-110 ; T.C.A., § 46-3-111 ; Acts 2006, ch. 1012, § 5. Compiler's Notes. Former § 46-2-104 (Acts 1907, ch. 94, § 1; Shan., § 2185a1; Code 1932, § 3936; Acts 1968, ch. 557, § 2; T.C.A. (orig. ed.), § 46-104; T.C.A., § 46-204), concerning sale of land not suitable or needed for cemetery purposes, was transferred to § 46-1-110 by Acts 2006, ch. 1012, § 2, effective January 1, 2007. Former § 46-3-111 was transferred to this section by Acts 2006, ch. 1012, § 5, effective January 1, 2007.