Tennessee Code Annotated
Tenn. Code Ann. § 25-5-106 (2026)
Appeals - Commencement of time for sale
✓ current as of May 2026
If an appeal is taken from any judgment for which the lien provided by this chapter would apply, the time for sale provided in § 25-5-105 shall commence upon the final determination of such case.
Code 1858, § 2983 (deriv. Acts 1831, ch. 90, §§ 7, 8); Acts 1885, ch. 21; Shan., § 4711; mod. Code 1932, § 8046; T.C.A. (orig. ed.), § 25-507; Acts 1981, ch. 449, § 2; 1986, ch. 673, § 2.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1982–2025 · leading case: Weaver v. Hamrick, 907 S.W.2d 385 (Tenn. 1995).
Weaver v. Hamrick, 907 S.W.2d 385 (Tenn. 1995). “At the time of that case, Tenn.Code Ann. § 25-5-106 (1980) provided: If the sale within the twelve (12) months is prevented by injunction, writ of error, appeal in the nature of a writ of error, or other adverse proceeding in court, or by appeal from judgments and decrees of…”
Waldschmidt v. Metals (In Re Ward), 42 B.R. 946 (Bankr. M.D. Tenn. 1984). “§ 25-5-106 which extends the 12-month period in certain instances.”
Andrews v. Fifth Third Bank, 228 S.W.3d 102 (Tenn. Ct. App. 2007). “” This is evidenced by Tennessee Code Annotated section 25-5-106, providing that “[i]f an appeal is taken from any judgment for which the lien provided by this chapter would apply, the time for sale provided in 25-5-105 shall commence upon the final determination of such.”
Union Planters Nat'l Bank v. Bell (In Re Bell), 55 B.R. 246 (Bankr. M.D. Tenn. 1985). “§ 25-5-106 (Michie Supp.1985), 5 which tolls the 12-month period if sale is “prevented” by injunction or by appeal, is inapplicable because the debtors never filed a bond and thus execution was never stayed.”
Harbin v. Brooks (Harbin), 25 B.R. 703 (Bankr. W.D. Tenn. 1982). “Tenn.Code Ann. § 25-5-106 sets out the following extension of the judgment-lien enforcement period: If the sale within the twelve (12) months is prevented by injunction writ of error, appeal in the nature of a writ of error, or other adverse proceeding in court, or by appeal…”
Coffey v. Se. Energy, Inc. (In Re Coffey), 21 B.R. 804 (Bankr. E.D. Tenn. 1982). “T.C.A. § 25-5-106 extends this period if the sale is prevented by an injunction or an appeal.”
First Volunteer Bank v. FMM Bushnell, LLC (Bankr. E.D. Tenn. 2021). “The Tennessee Supreme Court noted that the legislature had provided for an extension of the time in the following section, Tenn. Code Ann. § 25-5-106 . That section extended the enforcement period when an injunction or other adverse proceeding in a court prevented an execution…”
Miceli v. Thompson (Tenn. Ct. App. 1999). “at 390 (citing Tenn. Code Ann. § 25-5-106 (1980)). However, the statute was amended to delete this language.”
Hazel v. Van Beek, 931 P.2d 189 (Wash. Ct. App. 1997). “1982) (citing Tenn. Code Ann. § 25-5-106 (1980)), superseded by statute as noted in Weaver v.”
Watson v. Porter (M.D. Tenn. 2025). “Contrary to Plaintiff, however, the Court believes that such passage occurred not directly under Tennessee Code Annotated section 20-5-106 (which is inapplicable here because it applies only to causes of action for injuries that caused the decedent’s death), but rather under…”
Charles & Ann Halford v. Harold R. Gunn (Tenn. Ct. App. 2007). “The applicable statute today governing judgment liens is Tenn. Code Ann. § 25-5-106 (2000), entitled “Appeals – Commencement of time for sale,” which provides: -6- If an appeal is taken from any judgment for which the lien provided by this chapter would apply, the time for sale…”
Swanson Developments, LP v. Bill Trapp & Jim Olsen, Individually, & d/b/a Paksource a/k/a Parksource (Tenn. Ct. App. 2008). “00, and that Tenn. Code Ann. §25-5-106 provided that if an appeal was taken, the lien could not be executed until the termination of the proceedings.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.