reglab/housing_qa huggingface dataset:
NE Code § 25-1527 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1527 - Sale of land; prior sale set aside; readvertisement.

25-1527.  Sale of land; prior sale set aside; readvertisement.The officer holding such writ shall immediately advertise and sell said real estate, lands and tenements agreeable to the provisions of this chapter, and shall readvertise and sell the same in case a prior sale has been set aside by the district court or a judge thereof. In case the real estate offered for sale shall not be sold for want of bidders, the sheriff shall, at the request of the plaintiff, readvertise and again offer said property for sale under the said writ.Source   Laws 1875, § 4, p. 61;   R.S.1913, § 8071;   Laws 1915, c. 149, § 1, p. 319;   C.S.1922, § 9009;   C.S.1929, § 20-1527;   R.S.1943, § 25-1527. Annotations  Amendatory act of 1915 was not unconstitutional; appraisal is no longer prerequisite to sale of land under execution of foreclosure decree. Conservative Savings & Loan Assn. of Omaha v. Anderson, 116 Neb. 627, 218 N.W. 423 (1928); Norris v. Tower, 102 Neb. 434, 167 N.W. 728 (1918). Until bid is accepted it is a mere proposal and may be withdrawn by bidder. Strode v. Hoagland, 76 Neb. 542, 107 N.W. 754 (1906). Notice of sale, published every issue of weekly newspaper for thirty days before sale, is sufficient. Cuyler v. Tate, 67 Neb. 317, 93 N.W. 675 (1903). There is no statutory authority for adjournment of sale. Fraaman v. Fraaman, 64 Neb. 472, 90 N.W. 245 (1902). Sale must be made in accordance with terms of decree, and terms cannot be changed by agreement of parties. Nebraska Loan & Trust Co. v. Hamer, 40 Neb. 281, 58 N.W. 695 (1894). Rule requiring bidder to put up fifty dollars as guarantee of good faith before acceptance of bid was not unreasonable. Michigan Mut. L. Ins. Co. v. Klatt, 5 Neb. Unof. 305, 98 N.W. 436 (1904). Tract of two hundred acres, mortgaged as a whole, may be sold in one tract. Pierce v. Reed, 3 Neb. Unof. 874, 93 N.W. 154 (1903). If plaintiff is purchaser, cash payment is not essential. Campbell v. Gawlewicz, 3 Neb. Unof. 321, 91 N.W. 569 (1902). Sheriff may be justified in refusing to sell on account of complicated condition of title. Porter v. Trompen, 2 Neb. Unof. 76, 96 N.W. 226 (1901).
NE Code § 25-1528 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1528 - Successive executions or orders of sale; when authorized.

25-1528.  Successive executions or orders of sale; when authorized.Successive executions or orders of sale may issue at any time after the return of the officer not sold for want of bidders at the request of the plaintiff or his attorney.Source   R.S.1867, Code § 495, p. 477;   R.S.1913, § 8073;   Laws 1915, c. 149, § 2, p. 319;   C.S.1922, § 9010;   C.S.1929, § 20-1528;   R.S.1943, § 25-1528. Annotations Amendatory act of 1915 was not unconstitutional; appraisement is no longer prerequisite to sale of land under execution of foreclosure decree. Conservative Savings & Loan Assn. of Omaha v. Anderson, 116 Neb. 627, 218 N.W. 423 (1928).
NE Code § 25-1532 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1532 - Sale upon execution; deed to purchaser.

25-1532.  Sale upon execution; deed to purchaser.The sheriff or other officer who, upon such writ or writs of execution, shall sell lands and tenements, or any part thereof, shall make to the purchaser or purchasers thereof as good and sufficient a deed of conveyance of lands and tenements sold as the person or persons against whom such writ or writs of execution were issued could have made of the same at the time they became liable to the judgment, or at any time thereafter.Source   R.S.1867, Code § 499, p. 478;   R.S.1913, § 8078;   C.S.1922, § 9014;   C.S.1929, § 20-1532;   R.S.1943, § 25-1532. Annotations  Sheriff's deed of homestead on judgment against husband alone will not divest debtor of title. Van Doren v. Wiedeman, 68 Neb. 243, 94 N.W. 124 (1903). Unless decreed otherwise foreclosure transfers to purchaser every right and interest in the property of all parties to action. Hart v. Beardsley, 67 Neb. 145, 93 N.W. 423 (1903). Where judgment is prematurely entered, error must be brought to attention of court entering it before action can be reviewed on appeal. Ley v. Pilger, 59 Neb. 561, 81 N.W. 507 (1900). Purchaser at execution sale becomes vested with such title and right as were in the judgment debtor at the time the lien of the judgment attached. Orr v. Broad, 52 Neb. 490, 72 N.W. 850 (1897). Where no supersedeas bond is filed, sale of property vests title in purchaser which is not affected by reversal of judgment. Green v. Hall, 43 Neb. 275, 61 N.W. 605 (1895). On execution sale, owner retains title and is entitled to possession, rents and profits until final confirmation. Yeazel v. White, 40 Neb. 432, 58 N.W. 1020 (1894). Successor to sheriff may make deed. Phillips v. Dawley, 1 Neb. 320 (1871).
NE Code § 25-1534 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1534 - Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.

25-1534.  Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ or execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice.Source   R.S.1867, Code § 501, p. 479;   R.S.1913, § 8080;   C.S.1922, § 9016;   C.S.1929, § 20-1534;   R.S.1943, § 25-1534.
NE Code § 25-1535 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1535 - Sale of lands and chattels; printer's fees; officer must demand.

25-1535.  Sale of lands and chattels; printer's fees; officer must demand.Before any officer shall be excused from giving the notification mentioned in section 25-1534 he shall demand of the party for whose benefit the execution was issued, his agent or attorney, provided either of them resides in the county, the fees in said section specified.Source   R.S.1867, Code § 502, p. 479;   R.S.1913, § 8081;   C.S.1922, § 9017;   C.S.1929, § 20-1535;   R.S.1943, § 25-1535.
NE Code § 25-1536 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1536 - Sales of lands or tenements; where held; officer disqualified to purchase.

25-1536.  Sales of lands or tenements; where held; officer disqualified to purchase.All sales of lands or tenements under execution shall be held at the courthouse, if there be one in the county in which such lands and tenements are situated, and if there be no courthouse, then at the door of the house in which the district court was last held. No sheriff or other officer making the sale of property, either personal or real, or any appraiser of such property, shall, either directly or indirectly, purchase the same; and every purchase so made shall be considered fraudulent and void.Source   R.S.1867, Code § 503, p. 479;   R.S.1913, § 8082;   C.S.1922, § 9018;   C.S.1929, § 20-1536;   R.S.1943, § 25-1536. Annotations  A judicial sale advertised for the front door of the courthouse may be held at the front of the steps on the first floor inside the courthouse. Hollstein v. Adams, 187 Neb. 781, 194 N.W.2d 216 (1972). Sale advertised to be held at the south door of a courthouse is sufficient. Peck v. Starks, 64 Neb. 341, 89 N.W. 1040 (1902). Sale of lands under mortgage foreclosure decree must take place at courthouse. Smith Bros. Loan & Trust Co. v. Weiss, 56 Neb. 210, 76 N.W. 564 (1898). Sale made to one of appraisers was void. Best v. Zutavern, 53 Neb. 604, 74 N.W. 64 (1898).
NE Code § 25-1537 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1537 - Lands unsold; additional writs.

25-1537.  Lands unsold; additional writs.If lands and tenements levied on as aforesaid are not sold upon one execution, other executions may be issued to sell the lands so levied upon.Source   R.S.1867, Code § 504, p. 479;   R.S.1913, § 8083;   C.S.1922, § 9019;   C.S.1929, § 20-1537;   R.S.1943, § 25-1537. Annotations Legislature has made writ of venditioni exponas applicable to sales of real estate. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
NE Code § 25-1538 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1538 - Several writs of execution; levy on real property; how made; preference.

25-1538.  Several writs of execution; levy on real property; how made; preference.In all cases when two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors in whose favor one or more of said executions is issued shall require the sheriff, or other officer, to make a separate levy to satisfy his execution or executions, it shall be the duty of the sheriff, or other officer, to levy said execution, or so many thereof as may be required, on separate parcels of real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditor whose execution may, by the provisions of this chapter, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient to satisfy the same. In all cases where two or more executions, which are entitled to no preference over each other, are put into the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of real property of the judgment debtor or debtors, when the same may be divided without material injury; and if the real property of said debtors will not be sufficient to satisfy all the executions chargeable thereon, such part of the same shall be levied on to satisfy each execution as will bear the same proportion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon.Source   R.S.1867, Code § 505, p. 479;   R.S.1913, § 8084;   C.S.1922, § 9020;   C.S.1929, § 20-1538;   R.S.1943, § 25-1538.
NE Code § 25-1539 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1539 - Sale of lands and tenements; deed by sheriff's successor.

25-1539.  Sale of lands and tenements; deed by sheriff's successor.If the term of service of the sheriff, or other officer, who has made or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or officer shall be absent, or be rendered unable, by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that such sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid, then, on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representative, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same.Source   R.S.1867, Code § 506, p. 480;   R.S.1913, § 8085;   C.S.1922, § 9021;   C.S.1929, § 20-1539;   R.S.1943, § 25-1539.
NE Code § 25-1540 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1540 - Sale on execution; disposition of proceeds.

25-1540.  Sale on execution; disposition of proceeds.If on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execution, or his legal representatives.Source   R.S.1867, Code § 507, p. 480;   R.S.1913, § 8086;   C.S.1922, § 9022;   C.S.1929, § 20-1540;   R.S.1943, § 25-1540. Annotations  Sheriff is custodian of funds from date of sale until confirmation. Craw v. Abrams, 68 Neb. 546, 94 N.W. 639 (1903), affirmed on rehearing 68 Neb. 553, 97 N.W. 296 (1903). It is duty of sheriff to pay proceeds directly to party entitled thereto unless court orders same paid into court. Fire Assn. of Philadelphia v. Ruby, 49 Neb. 584, 68 N.W. 939 (1896); Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894).
NE Code § 25-1541 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1541 - Sale of lands or tenements; reversal of judgment; title of purchaser; restitution.

25-1541.  Sale of lands or tenements; reversal of judgment; title of purchaser; restitution.If any judgment or judgments, in satisfaction of which any lands or tenements are sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser or purchasers; but, in such case, restitution shall be made by the judgment creditor, of the money for which such lands or tenements were sold, with lawful interest from the day of sale.Source   R.S.1867, Code § 508, p. 480;   R.S.1913, § 8087;   C.S.1922, § 9023;   C.S.1929, § 20-1541;   R.S.1943, § 25-1541. Annotations  1. Reversal of judgment 2. Bona fide purchaser 1. Reversal of judgment There is no sale as contemplated by the statute until order of confirmation is entered and time for superseding the order has elapsed and, where defendant appeals from order confirming sale, said order being superseded, and judgment is reversed, an order may be entered quashing the levy and vacating the sale. Baxter v. National Mortgage Loan Co., 130 Neb. 256, 264 N.W. 675 (1936). Payment of judgment made by defendant to avoid sale of his property on execution does not waive his right to appeal. Burke v. Dendinger, 120 Neb. 594, 234 N.W. 405 (1931). Upon reversal of judgment which has been executed, it is duty of court to compel restitution. Hier v. Anheuser-Busch Brewing Assn., 60 Neb. 320, 83 N.W. 77 (1900). Title of stranger through sale under judgment is not defeated by subsequent reversal of judgment. Manfull v. Graham, 55 Neb. 645, 76 N.W. 19 (1898). Where judgment creditor purchases at execution sale on judgment which is subsequently reversed, it is his duty to make restitution. Nelson v. City of Beatrice, 2 Neb. Unof. 47, 96 N.W. 288 (1901). 2. Bona fide purchaser Bona fide purchaser under decree of partition, no fraud being shown, is protected hereunder although judgment is thereafter reversed. Schleuning v. Tatro, 122 Neb. 3, 238 N.W. 741 (1931). Only good faith purchaser is protected. Pauley v. Knouse, 109 Neb. 716, 192 N.W. 195 (1923). Purchaser defined; one who made bona fide contract to purchase land sold under erroneous judgment is protected to extent of money paid, with interest. Coon v. O'Brien, 107 Neb. 427, 186 N.W. 340 (1922). One who purchases knowing that proceedings are fraudulent, and that he is assisting in the fraud, does not get good title. Coates v. O'Connor, 102 Neb. 602, 168 N.W. 102 (1918), rehearing denied 102 Neb. 606, 169 N.W. 239 (1918). Bona fide purchaser under judicial decree is protected by this section, though judgment is thereafter reversed. Kazebeer v. Nunemaker, 82 Neb. 732, 118 N.W. 646 (1908). Purchaser should recover from redemptioner purchase money paid. Hitchcock County v. Cole, 80 Neb. 375, 114 N.W. 276 (1907).
NE Code § 25-1542 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1542 - Judgment lien; when lost.

25-1542.  Judgment lien; when lost.No judgment on which execution has not been taken out and levied before the expiration of five years after its entry shall operate as a lien upon the estate of any debtor to the preference of any other bona fide judgment creditor or purchaser, but when judgment has been or may be rendered in the Court of Appeals or Supreme Court and any special mandate awarded to the district court to carry the same into execution, the lien of the judgment creditor shall continue for five years after the first day of the next term of the district court to which such mandate may be directed. Nothing in this section shall be construed to defeat the lien of any judgment creditor who fails to take out execution and cause a levy to be made as provided in this section when such failure is occasioned by appeal, proceedings in error, or injunction or by a vacancy in the office of sheriff and coroner or the inability of such officers until one year after such disability is removed.Source   R.S.1867, Code § 509, p. 480;   Laws 1901, c. 81, § 1, p. 474;   R.S.1913, § 8088;   C.S.1922, § 9024;   C.S.1929, § 20-1542;   R.S.1943, § 25-1542;   Laws 1991, LB 732, § 50;  Laws 2000, LB 921, § 13.  Annotations  To preserve priority of judgment lien against bona fide creditor or purchaser, actual levy of execution must be made. Hein v. W. T. Rawleigh Co., 167 Neb. 176, 92 N.W.2d 185 (1958). Lien of foreclosure decree is not lost by failure to have order of sale issued within five years. Jenkins Land & Live Stock Co. v. Kimsey, 99 Neb. 308, 156 N.W. 499 (1916). Priority of a judgment lien may be continued as against other bona fide judgment creditors and purchasers only by the issuance of an execution and an actual levy within the time limited by statute. Glenn v. Glenn, 79 Neb. 68, 112 N.W. 321 (1907). An appeal by judgment defendant does not in absence of a supersedeas, operate to prolong lien of judgment. Harvey v. Godding, 77 Neb. 289, 109 N.W. 220 (1906). Lien of judgment created by mandate of Supreme Court continues for five years. Medland v. Van Etten, 75 Neb. 794, 106 N.W. 1022 (1906). Right of judgment creditor to execution is a substantial one and can only be taken away by some act done in compliance with law. Halmes v. Dovey, 64 Neb. 122, 89 N.W. 631 (1902). Execution levied but returned unsatisfied before sale by order of plaintiff prevents judgment from becoming dormant. Godman v. Boggs, 12 Neb. 13, 10 N.W. 403 (1881).
NE Code § 25-1543 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1543 - Writ of execution; when returnable.

25-1543.  Writ of execution; when returnable.The sheriff or other officer to whom any writ of execution is directed shall return such writ to the court to which the writ is returnable as soon as practicable after the writ has been served.Source   R.S.1867, Code § 510, p. 480;   R.S.1913, § 8089;   C.S.1922, § 9025;   C.S.1929, § 20-1543;   R.S.1943, § 25-1543;   Laws 1993, LB 458, § 11.  Annotations  Failure to return order of sale within sixty days will not defeat confirmation. Philadelphia Mortgage & Trust Co. v. Buckstaff Bros. Mfg. Co., 61 Neb. 54, 84 N.W. 416 (1900). Section is not applicable to orders of sale. Jarrett v. Hoover, 54 Neb. 65, 74 N.W. 429 (1898). This provision is mandatory. Buckley v. Mason, 52 Neb. 639, 72 N.W. 1043 (1897). Officer must return execution stating what he has done under it. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
NE Code § 25-1545 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1545 - Execution; sheriff; amercement; causes; procedure.

25-1545.  Execution; sheriff; amercement; causes; procedure.If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof forthwith to the clerk's office; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent or attorney of record, all money by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section 25-1531; or shall neglect or refuse on demand made by the defendant, his agent or attorney of record, to pay over all money by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or officer shall, on motion in court and two days' notice thereof in writing, be amerced in the amount of said debt, damages and costs, with ten percent thereon, to and for the use of said plaintiff or defendant, as the case may be.Source   R.S.1867, Code § 513, p. 482;   R.S.1913, § 8092;   C.S.1922, § 9028;   C.S.1929, § 20-1546;   R.S.1943, § 25-1545. Annotations  Inquiry is permitted whether the debt could have been collected, and whether its collection has been prejudiced by the acts of the officer. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946). Judgment of amercement against sheriff, without notice, is void. Fire Assn. of Philadelphia v. Ruby, 58 Neb. 730, 79 N.W. 723 (1899). Court may permit sheriff to amend return to conform to facts upon proper showing. Phoenix Ins. Co. v. King, 52 Neb. 562, 72 N.W. 855 (1897); Shufeldt & Co. v. Barlass, 33 Neb. 785, 51 N.W. 134 (1892). Sheriff disburses money received on execution, and is not required to pay it into court. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894). Sureties on sheriffs' bond are liable in an action upon judgment of amercement. McNee v. Sewell, 14 Neb. 532, 16 N.W. 827 (1883).
NE Code § 25-1546 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1546 - Clerk of court; amercement; causes; procedure.

25-1546.  Clerk of court; amercement; causes; procedure.If any clerk of the court shall neglect or refuse, on demand made by the persons entitled thereto, his agent, or attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in section 25-1545 against sheriffs and their sureties.Source   R.S.1867, Code § 514, p. 482;   R.S.1913, § 8093;   C.S.1922, § 9029;   C.S.1929, § 20-1547;   R.S.1943, § 25-1546. Annotations Receipt of money by clerk is an official act. Moore v. Boyer, 52 Neb. 446, 72 N.W. 586 (1897); McDonald v. Atkins, 13 Neb. 568, 14 N.W. 532 (1882).
NE Code § 25-1547 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1547 - Amercement; amount; limit.

25-1547.  Amercement; amount; limit.When the cause of amercement is for refusing to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten percent thereon.Source   R.S.1867, Code § 515, p. 482;   R.S.1913, § 8094;   C.S.1922, § 9030;   C.S.1929, § 20-1548;   R.S.1943, § 25-1547.
NE Code § 25-1548 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1548 - Execution to another county; return by mail; effect upon liability of officer.

25-1548.  Execution to another county; return by mail; effect upon liability of officer.When execution shall be issued in any county in this state, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to enclose such execution by mail to the clerk of the court who issued the same. On proof being made by such sheriff or coroner that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty if it does not reach the office in due time.Source   R.S.1867, Code § 516, p. 483;   R.S.1913, § 8095;   C.S.1922, § 9031;   C.S.1929, § 20-1549;   R.S.1943, § 25-1548.