(a) Whenever an error or mistake is made in any deed of conveyance, or in the registration thereof, either in courses, distances, or names, the person liable to injury by such error or mistake may prefer a petition to the circuit court of the county in which the land is situated, setting forth the nature of the mistake or error, and all and singular the matters relative thereto.
Terms Used In Tennessee Code 66-5-107
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Deed: The legal instrument used to transfer title in real property from one person to another.
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Writ: A formal written command, issued from the court, requiring the performance of a specific act.
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Before the petition shall be heard and determined, the petitioner shall advertise in a newspaper published in the judicial district in which the land is situated; and if no newspaper is published in the district, then in a newspaper in the adjoining district, setting forth the substance of the petition, and the term at which petitioner will make application for a hearing, three (3) weeks in succession, at least thirty (30) days before the petition shall be heard.(c) The court may also direct written notice to be served upon such persons as may be interested in or affected by the relief sought, unless such notice shall appear to the court to have been previously given.(d) When any person chooses to oppose the granting of the petition, that party may personally enter as a defendant, and, each party having given security for cost, the cause shall stand for hearing as other argument cases.(e) The court shall examine such testimony as the petitioner may produce; and whenever it shall appear evident, from such testimony, that there was an error or mistake committed in drawing the deed of conveyance, the court shall order the same to be rectified, so as to comport with the intention of the parties; and shall further order the register of the county, in which the land is situated, to register the conveyance agreeably to the correction.(f) Either party may appeal from the judgment of the court, or prosecute a writ of error thereto.
