Tennessee Code 8-21-602 – Division of fees pending collection or disbursement
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Terms Used In Tennessee Code 8-21-602
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Property: includes both personal and real property. See Tennessee Code 1-3-105
In all chancery cases, where outgoing clerks and masters have sold property under decree of court and have not collected the funds arising from the sale, or the sale has been made and the funds collected but not disbursed, and the duty shall devolve upon the incoming clerks and masters of collecting and disbursing the funds, or of disbursing the funds collected by the outgoing clerks and masters and not disbursed, it shall be the duty of the chancellor to make an equitable division of the commissions.