AI-assisted research summary: A land-possession recovery action may be started originally in circuit court if the plaintiff gives bond and security for costs and damages, and the process is issued by the clerk.
The action for the recovery of the possession of land, given in this chapter, may also be originally instituted in the circuit court, the same forms being substantially pursued as those prescribed, the process being issued by the clerk, the plaintiff first giving bond and security to answer costs and damages as provided in § 29-18-111 . Code 1858, § 3366 (deriv. Acts 1841-1842, ch. 186, § 8); Shan., § 5115; Code 1932, § 9270; T.C.A. (orig. ed.), § 23-1608. Textbooks. Tennessee Jurisprudence, 13 Tenn. Juris., Forcible Entry and Detainer, § 18. Law Reviews. Right to a Jury Trial in Forcible Entry and Detainer Actions in General Sessions Courts in Tennessee (Robert Larry Brown), 6 Mem. St. U.L. Rev. 59. The Tennessee Court System (Frederic S. LeClercq), 8 Mem. St. U.L. Rev. 189. The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281. The Tennessee Court System — Circuit Court (Frederic S. LeClercq), 8 Mem. St. U.L. Rev. 241. NOTES TO DECISIONS 1. Jurisdiction. 1. Jurisdiction. Jurisdiction of an unlawful detainer action is in a justice of the peace (now general sessions judge), the circuit court or chancery court, and the court which first takes jurisdiction thereby acquires exclusive jurisdiction. Robinson v. Easter, 208 Tenn. 147, 344 S.W.2d 365, 1961 Tenn. LEXIS 407 (1961). Circuit court had subject matter jurisdiction over the bank's unlawful detainer case against the homeowners, despite the fact that the bank filed a notice for removal in a prior lawsuit between the parties, given that the case removed to federal court involved a foreclosure action, not the unlawful detainer action, and the bank could not have successfully brought an unlawful detainer claim until it purchased the property at the foreclosure sale and the homeowners refused to vacate. United States Bank Nat'l Ass'n v. Robertson, — S.W.3d —, 2018 Tenn. App. LEXIS 260 (Tenn. Ct. App. May 11, 2018), appeal denied, U.S. Bank N.A. v. Robertson, — S.W.3d —, 2018 Tenn. LEXIS 613 (Tenn. Sept. 17, 2018). Collateral References. 35 Am. Jur. 2d Forcible Entry and Detainer § 33. 36A C.J.S. Forcible Entry and Detainer § 31. Forcible entry and detainer 16.