Tennessee Code Annotated
Tenn. Code Ann. § 29-29-101 (2026)
Persons not in being made defendants
✓ current as of May 2026
In any suit in equity brought in any court under its general equity jurisdiction to quiet, perfect, or adjudge the title to real estate, or to remove clouds from the title thereof, situated within the state, in which suit it is sought to determine the rights or claims of any person not in being, such person may be made defendant, and such parties defendant may be designated by general words of descriptions such as the unborn children or representatives of children of A. B. a living person.
Acts 1919, ch. 13, § 1; Shan. Supp., § 5009a1; Code 1932, §9160; T.C.A. (orig. ed.), § 23-2201.
Notes of Decisions
Cited in 1
case, 2012–2012 · leading case: Finley v. Kondaur Capital Corp., 909 F. Supp. 2d 969 (W.D. Tenn. 2012).
Finley v. Kondaur Capital Corp., 909 F. Supp. 2d 969 (W.D. Tenn. 2012). “” Tenn.Code Ann. § 29-29-101. To show a cloud on the title, Finley asserts that none of the Defendants has the right to foreclose on his property because when the mortgage was securitized, the note and mortgage were forever destroyed.”
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