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Ross Pepper
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Sometimes in a breach of contract case, or other commercial litigation matter, a party will be met with the defense that it is not entitled to recover because a condition precedent to the parties’ contract was not fulfilled. Under Tennessee law, a party…
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  There are two categories of Tennessee partition cases. A partition in kind occurs when a court divides property owned by joint tenants between or among them. A partition by sale occurs when the court orders the sale of the property so that the proceeds…
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Whether or not a will has or has not been revoked can sometimes be the subject of probate litigation in Tennessee courts. The answer to that question may also determine who receives a substantial amount of money or other property. There is a Tennessee…
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In a recent opinion of the Court of Appeals of Tennessee in the case of Stokely v. Stokely, it upheld the trial court’s decision in a Tennessee partition case in which the trial court had dismissed the claims of the joint owners who sought to partition…
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At the outset of a will contest case or undue influence case, clients often ask what to expect in terms of how the case will progress, what will need to be done before trial, and how long it will take to resolve the case. For starters, let’s talk about…
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Under Tennessee law (T.C.A. §48-25-102), a foreign business entity which is transacting, or has transacted, business in Tennessee without obtaining a certificate of authority from the Secretary of State of Tennessee cannot maintain an action in a…
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In a fairly recent Tennessee undue influence case, relatives claiming undue influence by another relative argued that there was undue influence because the provisions of the decedent’s last will were inconsistent with payable on death designations to CDs…
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A lien lis pendens can be a very effective tool not only to preserve a claim against real estate, but also, to create leverage in litigation. Tennessee’s lien lis pendens statute is about as clear as mud, even to those of us accustomed to deciphering…
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A recent opinion of the Court of Appeals of Tennessee in a fraudulent transfer case provides an excellent summary and roadmap of what it takes to prove a fraudulent transfer under Tennessee law. The Uniform Fraudulent Transfer Act, which has been adopted…
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In Tennessee partition cases, a court has wide latitude in determining (and ordering) the sale of property. It can order an auction sale or that the property be listed and sold through an agent. What a Tennessee court cannot do is what one did in a recent…
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