reglab/housing_qa huggingface dataset:
NE Code § 25-21,106 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,106 - Service of process; parties bound by proceedings.

25-21,106.  Service of process; parties bound by proceedings.The defendants may be served in the same manner as in ordinary civil action by summons, or by publication as provided in this code, and when all the parties in interest have been duly served, any of the proceedings herein prescribed shall be binding and conclusive upon them all. If only a portion of such parties be served, they only shall be bound by such proceedings.Source   R.S.1867, Code § 839, p. 541;   Laws 1899, c. 89, § 2, p. 345;   R.S.1913, § 8322;   C.S.1922, § 9274;   C.S.1929, § 20-21,106;   R.S.1943, § 25-21,106. Cross References  For service of process, see Chapter 25, article 5.Annotations  A judgment in a partition action determining the title of land subject to partition is conclusive on parties to the action. Bender v. Fuchs, 179 Neb. 162, 137 N.W.2d 364 (1965). Bona fide purchaser was protected by confirmation, even though one defendant was insane, another defendant weak-minded, and no guardian ad litem was appointed for either. Schleuning v. Tatro, 122 Neb. 3, 238 N.W. 741 (1931). Minor heirs are bound by judgment in partition involving homestead of surviving parent, if properly served, and guardian ad litem appointed and answers. Weddle v. Specht, 97 Neb. 693, 151 N.W. 160 (1915). Parties are bound by judgment fixing shares. Staats v. Wilson, 76 Neb. 204, 107 N.W. 230 (1906).
NE Code § 25-21,107 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,107 - Judgment of partition; effect.

25-21,107.  Judgment of partition; effect.The judgment of partition shall be presumptive evidence of title in all cases, and as between the parties themselves it is conclusive evidence thereof, subject, however, to be defeated by proof of a title paramount to, or independent of, that under which the parties held as joint tenants or tenants in common.Source   R.S.1867, Code § 840, p. 541;   R.S.1913, § 8323;   C.S.1922, § 9275;   C.S.1929, § 20-21,107;   R.S.1943, § 25-21,107. Annotations  Party claiming title by adverse possession was bound by judgment in partition action in which he was a party. Bender v. Fuchs, 179 Neb. 162, 137 N.W.2d 364 (1965). Where title under trust deed was paramount to that under which parties held, as tenants, partition would not lie. Heiser v. Brehm, 117 Neb. 472, 221 N.W. 97 (1928). Judgment is conclusive though proceedings were irregular and shares were found according to unconstitutional act. Staats v. Wilson, 76 Neb. 204, 107 N.W. 230 (1906), affirmed on rehearing 76 Neb. 210, 109 N.W. 379 (1906).
NE Code § 25-21,109 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,109 - Default of owner; right of encumbrancers to appear.

25-21,109.  Default of owner; right of encumbrancers to appear.Any persons claiming to hold an encumbrance upon any portion of the property involved in the suit, may, in default of the owner, appear and act as his representative in any of the proceedings under sections 25-2170 to 25-21,111.Source   R.S.1867, Code § 842, p. 542;   R.S.1913, § 8325;   C.S.1922, § 9277;   C.S.1929, § 20-21,109;   R.S.1943, § 25-21,109. Annotations Owner by defaulting cannot defeat the rights of an encumbrancer. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-21,110 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,110 - Holders of contingent interests; rights; joinder in action.

25-21,110.  Holders of contingent interests; rights; joinder in action.Persons having contingent interests in such property may be made parties to the proceedings, and the proceeds of the property so situated (or the property itself, in case of partition) shall be subject to the order of the court until the right becomes fully vested.Source   R.S.1867, Code § 843, p. 542;   R.S.1913, § 8326;   C.S.1922, § 9278;   C.S.1929, § 20-21,110;   R.S.1943, § 25-21,110.
NE Code § 25-21,111 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,111 - Share of absent owner; how conserved.

25-21,111.  Share of absent owner; how conserved.The ascertained share of any absent owner shall be retained, or the proceeds invested for his benefit.Source   R.S.1867, Code § 844, p. 542;   R.S.1913, § 8327;   C.S.1922, § 9279;   C.S.1929, § 20-21,111;   R.S.1943, § 25-21,111. Annotations Money paid to clerk of district court by referee in partition is received in official capacity and sureties are liable. Dirks v. Juel, 59 Neb. 353, 80 N.W. 1045 (1899).
NE Code § 25-21,113 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,113 - Parties as defendants; how designated; effect of decree.

25-21,113.  Parties as defendants; how designated; effect of decree.In all actions to establish or quiet title to an estate in real estate, all persons in whose favor any interest, right, title, estate in, or lien upon such real estate appears of record shall be made defendants by the names by which they are designated on the record. When it is alleged in the complaint that there are persons who claim or appear to have some interest in, right or title to, or lien upon such property, and that the ownership of, interest in, right or title to, or lien upon such property of such persons does not appear of record in or by their respective names in the county wherein such property is situated, and that the plaintiff, after diligent investigation and inquiry, is unable to ascertain and does not know the names or whereabouts, if in this state, or the residence of such persons, there shall also be designated as defendants in such action "all persons having or claiming any interest in" (here inserting an accurate and definite description of the property involved) followed by the words "real names unknown". Judgments and decrees rendered in such actions after the defendants so impleaded and designated have been served as provided by statute, shall be conclusive against all defendants impleaded and designated by name, and also against all persons who are not in actual possession of such property, whose ownership of, interest in, rights or title to, or lien upon such property does not appear of record in or by their respective names in the county wherein such property is situated.Source   Laws 1921, c. 130, § 2, p. 541;   C.S.1922, § 5677;   C.S.1929, § 76-402;   R.S.1943, § 25-21,113;  Laws 2002, LB 876, § 45.  Annotations  Parties in actual possession of land were not precluded from right to redeem from tax sale where service was had by publication. Thomas v. Flynn, 169 Neb. 458, 100 N.W.2d 37 (1959). A decree in an action to quiet title against all persons having or claiming any interest in designated lands is conclusive against all persons not in possession and not record holders. State ex rel. Conkey v. Ryan, 136 Neb. 334, 285 N.W. 923 (1939). Where law providing quieting title by making land defendant was complied with, it was not necessary to comply with previous law covering service on unknown heirs. Miller v. Ruzicka, 109 Neb. 152, 190 N.W. 216 (1922).
NE Code § 25-21,114 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,114 - Persons, defined.

25-21,114.  Persons, defined.The word persons as used in sections 25-21,112 to 25-21,120 includes natural and artificial persons.Source   Laws 1921, c. 130, § 3, p. 541;   C.S.1922, § 5678;   C.S.1929, § 76-403;   R.S.1943, § 25-21,114.
NE Code § 25-21,115 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,115 - Adverse claims; liens of record; how pleaded.

25-21,115.  Adverse claims; liens of record; how pleaded.It shall be sufficient to allege generally in the complaint that the defendants claim or appear to have some interest in, right or title to, or lien upon the real estate or a part thereof; and it is not necessary to allege the nature of any adverse claim or that the value of plaintiff's title or estate is lessened thereby. No lien of record or mortgage of record, however, shall be affected by such action unless it is particularly described, and payment or other legal reason for its cancellation, or that it is barred by limitation, is specifically alleged.Source   Laws 1921, c. 130, § 4, p. 541;   C.S.1922, § 5679;   C.S.1929, § 76-404;   R.S.1943, § 25-21,115;  Laws 2002, LB 876, § 46.  Annotations  Allegation that judgment was dormant and barred by lapse of time was sufficient. Hein v. W. T. Rawleigh Co., 167 Neb. 176, 92 N.W.2d 185 (1958). Allegations of cross-petition in suit to quiet title were sufficient to raise issue of mutual mistake. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957). It is sufficient to allege title generally in plaintiff and that defendant claims some interest in the land. Wells v. Tietge, 143 Neb. 230, 9 N.W.2d 180 (1943). Quieting title suit may be maintained even though only matter in dispute is proper location of division line between adjoining tracts. Morse v. Cochran, 131 Neb. 424, 268 N.W. 307 (1936).
NE Code § 25-21,116 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,116 - Unenforceable liens; title quieted without offer to redeem.

25-21,116.  Unenforceable liens; title quieted without offer to redeem.When any lien or apparent lien on any real estate shall not be enforceable by reason of lapse of time, the owner of such real estate shall be entitled to have his title thereto quieted against such unenforceable lien or apparent lien without redeeming or offering to redeem therefrom; Provided, the owner or owners or their privies in estate of such real estate shall have been in possession of the same during the period of the statute of limitations.Source   Laws 1921, c. 130, § 5, p. 542;   C.S.1922, § 5680;   C.S.1929, § 76-405;   R.S.1943, § 25-21,116. Annotations  Party must be owner and in possession of land to quiet title against lien barred by lapse of time. Hadley v. Platte Valley Cattle Co., 143 Neb. 482, 10 N.W.2d 249 (1943). Decree quieting title to land encumbered by a mortgage may be obtained upon proper ground without alleging payment of mortgage. McLaughlin v. Nelson, 113 Neb. 308, 202 N.W. 871 (1925). A court of equity in quieting title clouded by void judicial proceedings, should impose reasonable conditions on plaintiff. Westerfield v. Howell, 88 Neb. 463, 129 N.W. 986 (1911); McCabe v. Equitable Land Co., 88 Neb. 453, 129 N.W. 1018 (1911). Court should require person asking equitable relief to do equity. Kerr v. McCreary, 84 Neb. 315, 120 N.W. 1117 (1909).
NE Code § 25-21,117 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,117 - Remaindermen; reversioners; rights and benefits.

25-21,117.  Remaindermen; reversioners; rights and benefits.Any person or persons having an interest in remainder or reversion in real estate shall be entitled to all the rights and benefits of sections 25-21,112 to 25-21,120.Source   Laws 1921, c. 130, § 6, p. 542;   C.S.1922, § 5681;   C.S.1929, § 76-406;   R.S.1943, § 25-21,117. Annotations  Although a remainderman has the right to bring an action to quiet title, he is not required to do so to protect his estate in remainder from claim of adverse possession by grantee of life estate. Maxwell v. Hamel, 138 Neb. 49, 292 N.W. 38 (1940). Remainderman may maintain action to quiet title before termination of life estate. Davis v. Davis, 107 Neb. 70, 185 N.W. 442 (1921); Naiman v. Bohlmeyer, 97 Neb. 551, 150 N.W. 829 (1915); First Nat. Bank of Perry, Iowa v. Pilger, 78 Neb. 168, 110 N.W. 704 (1907); Foree v. Stubbs, 41 Neb. 271, 59 N.W. 798 (1894). Rule stated as to when statute commences to run against remainderman where adverse holder is a stranger holding by independent title not in privity with life tenant. Criswell v. Criswell, 101 Neb. 349, 163 N.W. 302 (1917); which overrules Bohrer v. Davis, 94 Neb. 367, 143 N.W. 209 (1913); McFarland v. Flack, 87 Neb. 452, 127 N.W. 375 (1910); Helming v. Forrester, 87 Neb. 438, 127 N.W. 373 (1910); Hobson v. Huxtable, 79 Neb. 334, 112 N.W. 658 (1907). Statute of limitations will not run against remainderman in favor of life tenant until knowledge of adverse holding is brought home to the owner of the remainder. Maurer v. Reifschneider, 89 Neb. 673, 132 N.W. 197 (1911). Minor has ten years after attaining majority in which to bring suit to quiet title against surviving widow claiming title. Draper v. Clayton, 87 Neb. 443, 127 N.W. 369 (1910).
NE Code § 25-21,118 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,118 - Service of process.

25-21,118.  Service of process.Defendants may be served as in other civil actions.Source   Laws 1921, c. 130, § 7, p. 542;   C.S.1922, § 5682;   C.S.1929, § 76-407;   R.S.1943, § 25-21,118;   Laws 1983, LB 447, § 43.  Annotations Where affidavit for constructive service contains no venue and does not show whether notary was commissioned for the county, affidavit was fatally defective. Northouse v. Torstenson, 146 Neb. 187, 19 N.W.2d 34 (1945).
NE Code § 25-21,119 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,119 - Costs.

25-21,119.  Costs.If the defendant, or any one of several defendants, shall appear and disclaim all title, lien, and interest adverse to the plaintiff, such defendant shall recover costs. In other cases the costs shall abide the final decree, judgment or order in the action.Source   Laws 1921, c. 130, § 8, p. 542;   C.S.1922, § 5683;   C.S.1929, § 76-408;   R.S.1943, § 25-21,119. Annotations Where defendant denies plaintiff's title, costs follow judgment. Hallowell v. Borchers, 150 Neb. 322, 34 N.W.2d 404 (1948).
NE Code § 25-21,120 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,120 - Trial; appeal.

25-21,120.  Trial; appeal.The court shall try such cause in like manner as other equitable actions and shall enter therein such orders and decrees as the parties may be entitled to. Appeals from final orders may be had as in other actions.Source   Laws 1921, c. 130, § 9, p. 542;   C.S.1922, § 5684;   C.S.1929, § 76-409;   R.S.1943, § 25-21,120. Annotations  A quiet title action sounds in equity. Boundary disputes cannot be determined in a quiet title action. Rather, boundary disputes are properly brought as an action in ejectment or pursuant to section 34-301. Rush Creek Land & Live Stock Co. v. Chain, 255 Neb. 347, 586 N.W.2d 284 (1998). Since amendment of 1921, action to quiet title may be maintained by any person whether in actual possession or not, and cause is tried as an equitable action. Morse v. Cochran, 131 Neb. 424, 268 N.W. 307 (1936). Defendant defeats action by proving no title or interest in plaintiff. Van Patten v. O'Brien, 88 Neb. 382, 129 N.W. 540 (1911). As between rival homestead claimants, no finding of ownership can be made before patent is issued. Rupke v. Moran, 87 Neb. 316, 127 N.W. 127 (1910). Maintenance of action by remainderman during life estate is permitted. Hobson v. Huxtable, 79 Neb. 334, 112 N.W. 658 (1907), judgment vacated on rehearing 79 Neb. 340, 116 N.W. 278 (1908). Purpose of action is to obtain complete determination of question of title between parties. Dolen v. Black, 48 Neb. 688, 67 N.W. 760 (1896). Plaintiff must show his interest is superior to defendant's if put in issue. McCauley v. Ohenstein, 44 Neb. 89, 62 N.W. 232 (1895). Plaintiff should allege the nature, extent, and invalidity of defendant's title. McDonald v. Early, 15 Neb. 63, 17 N.W. 257 (1883). In an action to quiet title, the plaintiff has the burden of proof and must recover upon the strength of his title. Vogel v. Bartels, 1 Neb. App. 1113, 510 N.W.2d 529 (1993).
NE Code § 25-21,123 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,123 - Duty of Attorney General or county attorney to bring quo warranto action; when.

25-21,123.  Duty of Attorney General or county attorney to bring quo warranto action; when.The Attorney General or the county attorney of the proper county must file such information when directed to do so by the Governor, the Legislative Assembly, or the district court.Source   R.S.1867, Code § 706, p. 517;   R.S.1913, § 8330;   Laws 1921, c. 126, § 2, p. 536;   C.S.1922, § 9282;   C.S.1929, § 20-21,114;   R.S.1943, § 25-21,123.
NE Code § 25-21,124 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,124 - Information; contents.

25-21,124.  Information; contents.Such information shall consist of a plain statement of the facts which constitute the grounds of the proceeding, addressed to the court, which shall stand for an original complaint.Source   R.S.1867, Code § 707, p. 517;   R.S.1913, § 8331;   C.S.1922, § 9283;   C.S.1929, § 20-21,115;   R.S.1943, § 25-21,124;  Laws 2002, LB 876, § 47.  Annotations  Quo warranto lies against one who is in possession or user of an office, or who has been admitted thereto. State ex rel. Good v. Marsh, 125 Neb. 125, 249 N.W. 295 (1933). Petition sustained against claim of stating two separate and distinct causes of action. Duffy v. State ex rel. Edson, 60 Neb. 812, 84 N.W. 264 (1900).
NE Code § 25-21,125 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,125 - Summons.

25-21,125.  Summons.Such statement shall be filed in the clerk's office, and summons issued and served in the same manner as hereinbefore provided for the commencement of actions in the district court.Source   R.S.1867, Code § 708, p. 517;   R.S.1913, § 8332;   C.S.1922, § 9284;   C.S.1929, § 20-21,116;   R.S.1943, § 25-21,125. Cross References  For issuance and service of summons, see Chapter 25, article 5.Annotations Defendant is required to answer in the usual way contemplated by code of civil procedure. State ex rel. Johnson v. Consumers Public Power Dist., 142 Neb. 114, 5 N.W.2d 202 (1942).
NE Code § 25-21,126 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,126 - Answer.

25-21,126.  Answer.The defendant shall appear and answer such information in the usual way, and issue being joined it shall be tried in the ordinary manner.Source   R.S.1867, Code § 709, p. 518;   R.S.1913, § 8333;   C.S.1922, § 9285;   C.S.1929, § 20-21,117;   R.S.1943, § 25-21,126. Annotations  Defendant is required to answer the charges made against him in the information. State ex rel. Johnson v. Conservative Savings & Loan Assn., 143 Neb. 805, 11 N.W.2d 89 (1943). Defendant must show precisely under what authority he holds office. State ex rel. Sabin v. Tillma, 32 Neb. 789, 49 N.W. 806 (1891).
NE Code § 25-21,127 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,127 - Action by claimant against incumbent of office; information; trial.

25-21,127.  Action by claimant against incumbent of office; information; trial.When the defendant is holding an office to which another is claiming the right, the information should set forth the name of such claimant, and the trial must, if practicable, determine the rights of the contesting parties.Source   R.S.1867, Code § 710, p. 518;   R.S.1913, § 8334;   C.S.1922, § 9286;   C.S.1929, § 20-21,118;   R.S.1943, § 25-21,127. Annotations  When the defendant is holding an office claimed by another, the trial court must determine the rights of the contesting parties. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967). If by Attorney General, respondent must prove right to office. State ex rel. Blessing v. Davis, 64 Neb. 499, 90 N.W. 232 (1902). Where individual is relator, he must prove right to office. State ex rel. Birkhauser v. Moores, 52 Neb. 634, 72 N.W. 1056 (1897). Quo warranto will lie where it is claimed that person is ineligible to hold office. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).
NE Code § 25-21,128 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,128 - Action by claimant against incumbent of office; judgment for plaintiff; effect.

25-21,128.  Action by claimant against incumbent of office; judgment for plaintiff; effect.If judgment is rendered in favor of such claimant, he shall proceed to exercise the functions of the office, after he has qualified as required by law.Source   R.S.1867, Code § 711, p. 518;   R.S.1913, § 8335;   C.S.1922, § 9287;   C.S.1929, § 20-21,119;   R.S.1943, § 25-21,128. Annotations  Officer may qualify after judgment where failure to do so earlier was not own fault. State ex rel. Barton v. Frantz, 55 Neb. 167, 75 N.W. 546 (1898). If relator is found entitled to hold over, must then requalify. State ex rel Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).
NE Code § 25-21,129 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,129 - Action by claimant against incumbent of office; judgment for plaintiff; delivery of books and papers.

25-21,129.  Action by claimant against incumbent of office; judgment for plaintiff; delivery of books and papers.The court, after such judgment, shall order the defendant to deliver over all books and papers in his custody or under his control belonging to said office.Source   R.S.1867, Code § 712, p. 518;   R.S.1913, § 8336;   C.S.1922, § 9288;   C.S.1929, § 20-21,120;   R.S.1943, § 25-21,129.
NE Code § 25-21,130 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,130 - Action by claimant against incumbent of office; judgment for plaintiff; suit for damages by claimant.

25-21,130.  Action by claimant against incumbent of office; judgment for plaintiff; suit for damages by claimant.When judgment has been rendered in favor of the claimant, the claimant may at any time within one year after the entry of the judgment bring suit against the defendant and recover the damages the claimant has sustained by reason of the act of the defendant.Source   R.S.1867, Code § 713, p. 518;   R.S.1913, § 8337;   C.S.1922, § 9289;   C.S.1929, § 20-21,121;   R.S.1943, § 25-21,130;  Laws 2000, LB 921, § 20.
NE Code § 25-21,131 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,131 - Action against several claimants of office or franchise.

25-21,131.  Action against several claimants of office or franchise.When several persons claim to be entitled to the same office or franchise, an information may be filed against all or any portion thereof, in order to try their respective rights thereto.Source   R.S.1867, Code § 714, p. 518;   R.S.1913, § 8338;   C.S.1922, § 9290;   C.S.1929, § 20-21,122;   R.S.1943, § 25-21,131.
NE Code § 25-21,132 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,132 - Ouster, judgment of; costs.

25-21,132.  Ouster, judgment of; costs.If the defendant is found guilty of unlawfully holding or exercising any office, franchise or privilege, or if a corporation is found to have violated the law by which it holds its existence, or in any other manner to have done acts which amount to a surrender or forfeiture of its privileges, judgment shall be rendered that such defendant be ousted, and altogether excluded from such office, franchise or privilege, and also that he pay the costs of the proceedings.Source   R.S.1867, Code § 715, p. 518;   R.S.1913, § 8339;   C.S.1922, § 9291;   C.S.1929, § 20-21,123;   R.S.1943, § 25-21,132. Annotations  Right to do business in state may be revoked in quo warranto by Attorney General against foreign corporations. State ex rel. Spillman v. Central Purchasing Co., 118 Neb. 383, 225 N.W. 46 (1929). Corporation formed by licensed physician to make contracts for services of members is not subject to ouster. State Electro-Medical Institute v. State, 74 Neb. 40, 103 N.W. 1078 (1905). Supersedeas is discretionary, and denial is not reviewable. Gandy v. State, 10 Neb. 243, 4 N.W. 1019 (1880). Ouster of foreign corporation in quo warranto by Attorney General in state court upheld as against collateral attack by corporation in federal court. Brictson Mfg. Co. v. Close, 25 F.2d 794 (8th Cir. 1928).