# Tenn. Code Ann. § 24-8-102: Instrument in possession of adverse party

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-102

## Section

- **Citation:** Tenn. Code Ann. § 24-8-102
- **Heading:** Instrument in possession of adverse party
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 24 / Chapter 8 / Section 24-8-102

## Text

If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such instrument is the property of the person claiming under it, unpaid and unsatisfied. Code 1858, § 3902 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5695; Code 1932, § 9880; T.C.A. (orig. ed.), § 24-802.
If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such instrument is the property of the person claiming under it, unpaid and unsatisfied.
Code 1858, § 3902 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5695; Code 1932, § 9880; T.C.A. (orig. ed.), § 24-802.

## Nearby sections

- [Tenn. Code Ann. § 24-8-101 Affidavit of loss](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-101.md)
- [Tenn. Code Ann. § 24-8-102 Instrument in possession of adverse party](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-102.md)
- [Tenn. Code Ann. § 24-8-103 Effect of affidavit](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-103.md)
- [Tenn. Code Ann. § 24-8-104 Requirement of indemnity bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-104.md)
- [Tenn. Code Ann. § 24-8-105 Sureties on indemnity bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-105.md)
- [Tenn. Code Ann. § 24-8-106 Action without bond](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-106.md)
- [Tenn. Code Ann. § 24-8-107 Intervention by true owner](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-107.md)
- [Tenn. Code Ann. § 24-8-109 Lost records](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-109.md)
- [Tenn. Code Ann. § 24-8-110 Retaking lost depositions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-110.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T24_C8_S24-8-102. Check the current official text before relying on it. Not legal advice.