Section 21-1-403 - Death of defendant after decree

The death of the defendant proceeded against without personal service, whether the death occurs before or after the filing of the bill, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of the final decree, to make themselves parties by petition, verified by affidavit, showing merits and contest the complainant's bill.Code 1858, § 4380 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6190; Code 1932, § 10461; T.C.A. (orig. ed.), § 21-512.