reglab/housing_qa huggingface dataset:
NE Code § 25-2178 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2178 - Pleadings; when taken as true.

25-2178.  Pleadings; when taken as true.If the statements in the complaint are not denied in the answer or contradicted by the documentary proof exhibited, they shall be taken as true.Source   R.S.1867, Code § 810, p. 539;   R.S.1913, § 8293;   C.S.1922, § 9246;   C.S.1929, § 20-2178;   R.S.1943, § 25-2178;  Laws 2002, LB 876, § 43.  Annotations  Uncontroverted statements in petition and answer will be taken as true. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962). Court should first enter judgment confirming shares before determining whether or not partition is practicable. Burke v. Cunningham, 42 Neb. 645, 60 N.W. 903 (1894).
NE Code § 25-2179 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2179 - Judgment.

25-2179.  Judgment.After all the shares and interests of the parties have been settled in any of the methods aforesaid, judgment shall be rendered confirming those shares and interests, and directing partition to be made accordingly.Source   R.S.1867, Code § 811, p. 539;   R.S.1913, § 8294;   C.S.1922, § 9247;   C.S.1929, § 20-2179;   R.S.1943, § 25-2179. Annotations  In enacting section 25-1315, the Legislature did not amend the partition statutes or attempt to change the effect of our prior jurisprudence. Both before and after the adoption of section 25-1315, this section characterized the settlement of all ownership rights as a "judgment" and our case law characterizes the order as a final order. Guardian Tax Partners v. Skrupa Invest. Co., 295 Neb. 639, 889 N.W.2d 825 (2017). The language in Peterson v. Damoude, 95 Neb. 469, 145 N.W. 847 (1914), concerning the appealability of orders in a partition action, harmonizes the final order language of section 25-1902 with the partition procedure mandated by this section. Guardian Tax Partners v. Skrupa Invest. Co., 295 Neb. 639, 889 N.W.2d 825 (2017). An affirmative judgment in favor of a cross-petitioner on a tax sale certificate can be obtained in a partition suit. Fairley v. Kemper, 174 Neb. 565, 118 N.W.2d 754 (1962). Where partition suit is amicable and for benefit of all parties, court may allow a reasonable attorney's fee to be paid by parties in proportion to their interests. Mabry v. Mudd, 132 Neb. 610, 272 N.W. 574 (1937). When partition has been ordered, no appeal lies until same has been effected and confirmed. Peterson v. Damoude, 98 Neb. 370, 152 N.W. 786 (1915); Peterson v. Damoude, 95 Neb. 469, 145 N.W. 847 (1914). Judgment fixing shares is a final judgment and is res judicata of the interests of the parties. Staats v. Wilson, 76 Neb. 204, 107 N.W. 230 (1906).
NE Code § 25-2180 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2180 - Referee or referees; appointment; duty.

25-2180.  Referee or referees; appointment; duty.Upon entering such judgment the court shall appoint a referee or referees, not exceeding three in number, to make partition into the requisite number of shares.Source   R.S.1867, Code § 812, p. 539;   Laws 1905, c. 178, § 1, p. 671;   R.S.1913, § 8295;   C.S.1922, § 9248;   C.S.1929, § 20-2180;   R.S.1943, § 25-2180. Annotations  Under this section, the court is required to appoint at least one referee. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012). Referee in partition is an officer of the court. Knouse v. Knouse, 157 Neb. 748, 61 N.W.2d 388 (1953). Referee in partition is an officer of the court subject to its lawful orders and directions. Siekert v. Soester, 144 Neb. 321, 13 N.W.2d 139 (1944). Referees in first instance determine practicability of partition. Burke v. Cunningham, 42 Neb. 645, 60 N.W. 903 (1894). Court may also appoint referee to make accounting. Mills v. Miller, 3 Neb. 87 (1873).
NE Code § 25-2181 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2181 - Report of referees.

25-2181.  Report of referees.If it appears to the referee or referees that partition cannot be made without great prejudice to the owners, they shall so report to the court.Source   R.S.1867, Code § 814, p. 539;   R.S.1913, § 8296;   C.S.1922, § 9249;   C.S.1929, § 20-2181;   R.S.1943, § 25-2181. Annotations  Under this section, the referee is required to report to the court if it appears to the referee that partition in kind cannot be made without great prejudice to the owners. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012). When the evidence showed that only two of four tracts were contiguous, the tracts had different uses, the tracts would not typically be offered for sale together and would not bring a higher price if sold together, and another party proposed an in-kind distribution that came close to dividing the land into equal thirds based on appraised value, a plaintiff for partition failed to show partition in kind would result in great prejudice to the owners and did not rebut the presumption that real estate should be distributed in kind. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012). Presumption is in favor of partition in kind; however, the character and location of the property, or the amount of interest sought to be assigned, or both, may be such that it will be presumed that partition in kind cannot be made. Nordhausen v. Christner, 215 Neb. 367, 338 N.W.2d 754 (1983). As between partition in kind or sale of land, partition in kind is preferred. Phillips v. Phillips, 170 Neb. 733, 104 N.W.2d 52 (1960). The effect of this section, in connection with section 25-2183, is to make uncertain whether property should be partitioned in kind or sold and the proceeds distributed, until a judicial determination of that issue is made by the court. Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950). Effect of this section, together with section authorizing court to order sale if satisfied with report, is to make uncertain whether land will be physically divided or sold. Heiser v. Brehm, 117 Neb. 472, 221 N.W. 97 (1928). Impracticability of partition does not render action adversary; attorney's fees should be allowed if amicable. Smith v. Palmer, 91 Neb. 796, 137 N.W. 843 (1912).
NE Code § 25-2182 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2182 - Referees; special allotments; when directed.

25-2182.  Referees; special allotments; when directed.For good and sufficient reasons appearing to the court, the referee or referees may be directed to allot particular portions of the land to particular individuals. In other cases the shares must be made as nearly as possible of equal value.Source   R.S.1867, Code § 813, p. 539;   R.S.1913, § 8297;   C.S.1922, § 9250;   C.S.1929, § 20-2182;   R.S.1943, § 25-2182. Annotations  The trial court is given power to direct the referee to allot particular portions of land to particular individuals, and unless so allotted the shares may be drawn by lot. Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950). Court may allot particular portions to particular individuals. McClave v. McClave, 60 Neb. 464, 83 N.W. 668 (1900). Court may award compensation or charge land where incapable of fair division. Lynch v. Lynch, 18 Neb. 586, 26 N.W. 390 (1886).
NE Code § 25-2183 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2183 - Sale; order; place held.

25-2183.  Sale; order; place held.If satisfied with such report the court shall cause an order to be entered directing the referee or referees to sell the premises so situated, and shall also fix the place and terms of sale. The sale may be held at any place in the county in which the action is brought, or if there is land situated in two or more counties, sale may be had in any county in which any part of the real estate is situated.Source   R.S.1867, Code § 815, p. 539;   R.S.1913, § 8298;   Laws 1917, c. 142, § 1, p. 328;   C.S.1922, § 9251;   C.S.1929, § 20-2183;   R.S.1943, § 25-2183;   Laws 1949, c. 58, § 1, p. 169.  Annotations The effect of this section, in connection with section 25-2181, is to make uncertain whether property should be partitioned in kind or sold and the proceeds distributed, until a judicial determination of that issue is made by the court. Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950).
NE Code § 25-2184 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2184 - Referees; bond; conditions; further security.

25-2184.  Referees; bond; conditions; further security.Before proceeding to sell, the referee or referees shall each give security, to be fixed by the court and to be approved by the clerk of said court or the judge thereof, conditioned for the faithful discharge of his duties. At any time thereafter the court may require further and better security.Source   R.S.1867, Code § 816, p. 539;   R.S.1913, § 8299;   Laws 1917, c. 141, § 1, p. 327;   C.S.1922, § 9252;   C.S.1929, § 20-2184;   R.S.1943, § 25-2184.
NE Code § 25-2185 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2185 - Sale of property; notice; procedure.

25-2185.  Sale of property; notice; procedure.The same notice of sale shall be given as when lands are sold on execution by the sheriff, and the sale shall be conducted in like manner, except as to place of sale.Source   R.S.1867, Code § 817, p. 539;   R.S.1913, § 8300;   Laws 1917, c. 142, § 1, p. 328;   C.S.1922, § 9253;   C.S.1929, § 20-2185;   R.S.1943, § 25-2185. Cross References  Provisions for sale of property under execution, see sections 25-1527 to 25-1541.Annotations Appraisement is unnecessary. Schick v. Whitcomb, 68 Neb. 784, 94 N.W. 1023 (1903).
NE Code § 25-2186 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2186 - Sale of property; report of referee.

25-2186.  Sale of property; report of referee.After completing said sale, the referee or referees must report their proceedings to the court, with a description of the different parcels of land sold to each purchaser, and the price bid therefor, which report shall be filed with the clerk.Source   R.S.1867, Code § 818, p. 539;   R.S.1913, § 8301;   C.S.1922, § 9254;   C.S.1929, § 20-2186;   R.S.1943, § 25-2186. Annotations Sale may be made prior to report. Schick v. Whitcomb, 68 Neb. 784, 94 N.W. 1023 (1903).
NE Code § 25-2187 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2187 - Encumbrances; referee; appointment; report; appeal.

25-2187.  Encumbrances; referee; appointment; report; appeal.If deemed advisable, the court may appoint a referee to inquire into the nature and amount of encumbrances, and report accordingly. From that report an appeal lies to the court.Source   R.S.1867, Code § 820, p. 539;   R.S.1913, § 8303;   C.S.1922, § 9255;   C.S.1929, § 20-2187;   R.S.1943, § 25-2187. Annotations Referee may inquire into and report as to the nature and the amount of encumbrances. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-2188 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2188 - Encumbrances; duty of referee; notice of hearing.

25-2188.  Encumbrances; duty of referee; notice of hearing.The referee shall give the parties interested at least five days' notice of the time and place when he will receive proof of the amount of such encumbrances.Source   R.S.1867, Code § 821, p. 540;   R.S.1913, § 8304;   C.S.1922, § 9256;   C.S.1929, § 20-2188;   R.S.1943, § 25-2188.
NE Code § 25-2189 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2189 - Encumbrances; evidence before referee.

25-2189.  Encumbrances; evidence before referee.In taking such proof he may receive, with other evidence, the affidavit of the parties interested.Source   R.S.1867, Code § 822, p. 540;   R.S.1913, § 8305;   C.S.1922, § 9257;   C.S.1929, § 20-2189;   R.S.1943, § 25-2189.
NE Code § 25-2190 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2190 - Encumbrances; payment with consent of owner.

25-2190.  Encumbrances; payment with consent of owner.If any encumbrance is ascertained to exist, the proceeds of the sale of that portion, after the payment of costs, or so much thereof as is necessary, shall, if the owner consents, be paid over to the encumbrancer.Source   R.S.1867, Code § 823, p. 540;   R.S.1913, § 8306;   C.S.1922, § 9258;   C.S.1929, § 20-2190;   R.S.1943, § 25-2190. Annotations  Where there is an encumbrance on a share, proceeds of sale if owner consents may be paid over to encumbrancer. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958). This section shows legislative intent to permit partition subject to outstanding encumbrance such as a life estate. Baskins v. Krepcik, 153 Neb. 36, 43 N.W.2d 624 (1950). Where there is an estate for life vested in a third person in the whole of the premises of which partition is sought, a remainderman cannot maintain an action in partition over the objection of the holder of the life estate. Bartels v. Seefus, 132 Neb. 841, 273 N.W. 485 (1937). Widow with life estate cannot compel partition, and demand the value thereof out of proceeds of partition sale, where some remaindermen object. Freeland v. Andersen, 114 Neb. 822, 211 N.W. 167 (1926). Remaindermen cannot force partition and make life tenant take value of life estate as if it were an encumbrance. Weddingfeld v. Weddingfeld, 109 Neb. 729, 192 N.W. 227 (1923).
NE Code § 25-2191 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2191 - Encumbrances; objection of owner to payment; procedure; notice.

25-2191.  Encumbrances; objection of owner to payment; procedure; notice.If the owner objects to the payment of such encumbrance, the money shall be retained or invested by order of the court to await final action in relation to its disposition, and notice thereof shall be forthwith given to the encumbrancer, unless he has already been made a party.Source   R.S.1867, Code § 824, p. 540;   R.S.1913, § 8307;   C.S.1922, § 9259;   C.S.1929, § 20-2191;   R.S.1943, § 25-2191. Annotations Encumbrancer may be a proper but not a necessary party. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-2192 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2192 - Issue between owner and encumbrancer; order; effect.

25-2192.  Issue between owner and encumbrancer; order; effect.The court may direct an issue to be made up between the encumbrancer and the owner, which shall be decisive of their respective rights.Source   R.S.1867, Code § 825, p. 540;   R.S.1913, § 8308;   C.S.1922, § 9260;   C.S.1929, § 20-2192;   R.S.1943, § 25-2192. Annotations Court may direct issues to be made up between encumbrancer and owner of share. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-2193 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2193 - Encumbrances; life estate or estate for years; settlement in gross; investment of proceeds.

25-2193.  Encumbrances; life estate or estate for years; settlement in gross; investment of proceeds.If an estate for life or years be found to exist as an encumbrance upon any part of said property, and if the parties cannot agree upon the sum in gross which they will consider an equivalent for such estate, the court shall direct the avails of the encumbered property to be invested, and the proceeds to be paid to the encumbrancer during the existence of the encumbrance.Source   R.S.1867, Code § 826, p. 540;   R.S.1913, § 8309;   C.S.1922, § 9261;   C.S.1929, § 20-2193;   R.S.1943, § 25-2193. Annotations  Holder of encumbrance on life estate is entitled to protection according to terms of his contract. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958). Remainderman may not maintain partition over objection of life tenant, but may do so where life tenant does not object. Baskins v. Krepcik, 153 Neb. 36, 43 N.W.2d 624 (1950). Where there is an estate for life vested in a third person in the whole of the premises of which partition is sought, a remainderman cannot maintain an action in partition over the objection of the holder of the life estate. Bartels v. Seefus, 132 Neb. 841, 273 N.W. 485 (1937). Life tenant and remaindermen cannot force partition against the will of other remaindermen. Freeland v. Andersen, 114 Neb. 822, 211 N.W. 167 (1926). Remaindermen cannot maintain partition over objection of life tenant. Weddingfeld v. Weddingfeld, 109 Neb. 729, 192 N.W. 227 (1923).
NE Code § 25-2194 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2194 - Encumbrance proceedings; not to delay distribution of other shares.

25-2194.  Encumbrance proceedings; not to delay distribution of other shares.The proceedings in relation to the encumbrances shall not delay the distribution of the proceeds of other shares in respect to which no difficulties exist.Source   R.S.1867, Code § 827, p. 540;   R.S.1913, § 8310;   C.S.1922, § 9262;   C.S.1929, § 20-2194;   R.S.1943, § 25-2194. Annotations In default of owner, person holding an encumbrance may appear and act as his representative. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).
NE Code § 25-2195 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2195 - Security for refund.

25-2195.  Security for refund.The court in its discretion may require all or any of the parties, before they receive the money arising from any sale authorized in sections 25-2170 to 25-21,111, to give satisfactory security to refund such money with interest, in case it afterward appears that such parties were not entitled thereto.Source   R.S.1867, Code § 828, p. 540;   R.S.1913, § 8311;   C.S.1922, § 9263;   C.S.1929, § 20-2195;   R.S.1943, § 25-2195.
NE Code § 25-2196 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2196 - Order of conveyance; when made; purchase money security.

25-2196.  Order of conveyance; when made; purchase money security.If the sales aforesaid are approved and confirmed, an order shall be entered directing the referee or referees, or a majority thereof, to execute conveyances pursuant to such sales. But no conveyance can be made until all the money is paid, without receiving from the purchaser a mortgage of the land so sold, or other equivalent security.Source   R.S.1867, Code § 829, p. 540;   R.S.1913, § 8312;   C.S.1922, § 9264;   C.S.1929, § 20-2196;   R.S.1943, § 25-2196. Annotations  Where referee reported to court that he received money and court confirmed sale, failure to collect purchase price would not render sale void as against later purchaser in good faith. Federal Land Bank of Omaha v. Tuma, 116 Neb. 99, 216 N.W. 186 (1927). Referees are not absolved from liability in not requiring payment of purchase money by confirmation of sale. Schick v. Whitcomb, 68 Neb. 784, 94 N.W. 1023 (1903).
NE Code § 25-2197 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2197 - Conveyances; valid against subsequent purchasers and parties to action.

25-2197.  Conveyances; valid against subsequent purchasers and parties to action.Such conveyances so executed, being recorded in the county where the premises are situated, shall be valid against all subsequent purchasers, and also against all persons interested at the time who were made parties to the proceedings in the mode pointed out by law.Source   R.S.1867, Code § 830, p. 540;   R.S.1913, § 8313;   C.S.1922, § 9265;   C.S.1929, § 20-2197;   R.S.1943, § 25-2197. Annotations Judgment fixing shares and confirming sale is final where all interested parties are before court; and parties thereto cannot question title of subsequent bona fide purchaser, in absence of fraud on face of proceedings. Federal Land Bank of Omaha v. Tuma, 116 Neb. 99, 216 N.W. 186 (1927).
NE Code § 25-2199 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-2199 - Disapproval of sale; refund.

25-2199.  Disapproval of sale; refund.If the sales are disapproved the money paid and the securities given must be returned to the persons respectively entitled thereto.Source   R.S.1867, Code § 832, p. 541;   R.S.1913, § 8315;   C.S.1922, § 9267;   C.S.1929, § 20-2199;   R.S.1943, § 25-2199. Annotations Money belongs to bidder until sale is confirmed, and he has right to follow it wherever he can trace it and recover it from one who had knowledge of the facts. State ex rel. Sorensen v. Farmers & Merchants State Bank of McCook, 125 Neb. 437, 250 N.W. 553 (1933).
NE Code § 25-21,100 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,100 - Partition in kind; how made.

25-21,100.  Partition in kind; how made.When partition is deemed proper the referee or referees must make out the shares by visible monuments, and may employ a competent surveyor and the necessary assistants to aid them.Source   R.S.1867, Code § 833, p. 541;   R.S.1913, § 8316;   C.S.1922, § 9268;   C.S.1929, § 20-21,100;   R.S.1943, § 25-21,100.
NE Code § 25-21,101 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,101 - Partition; report of referees; form; contents.

25-21,101.  Partition; report of referees; form; contents.The report of the referee or referees must be in writing signed by at least two of them where more than one has been appointed. It must describe the respective shares with reasonable particularity, and be accompanied by a plat of the premises.Source   R.S.1867, Code § 834, p. 541;   R.S.1913, § 8317;   C.S.1922, § 9269;   C.S.1929, § 20-21,101;   R.S.1943, § 25-21,101.
NE Code § 25-21,102 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,102 - Shares drawn by lot, when.

25-21,102.  Shares drawn by lot, when.Unless the shares are allotted to their respective owners by the referee or referees as hereinbefore contemplated, the clerk shall number the shares and then draw the names of the future owners by lot.Source   R.S.1867, Code § 835, p. 541;   R.S.1913, § 8318;   C.S.1922, § 9270;   C.S.1929, § 20-21,102;   R.S.1943, § 25-21,102. Annotations Unless specifically directed by the trial court, the shares may be drawn by lot. Trowbridge v. Donner, 152 Neb. 206, 40 N.W.2d 655 (1950).
NE Code § 25-21,103 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,103 - Partition in part; remaining portion; sale.

25-21,103.  Partition in part; remaining portion; sale.When partition can be conveniently made of part of the premises, but not of all, one portion may be partitioned and the other sold as hereinafter provided.Source   R.S.1867, Code § 836, p. 541;   R.S.1913, § 8319;   C.S.1922, § 9271;   C.S.1929, § 20-21,103;   R.S.1943, § 25-21,103.
NE Code § 25-21,104 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,104 - Partition; report of referees set aside, when; rereference.

25-21,104.  Partition; report of referees set aside, when; rereference.On good cause shown, the report may be set aside and the matter again referred to the same or other referee or referees.Source   R.S.1867, Code § 837, p. 541;   R.S.1913, § 8320;   C.S.1922, § 9272;   C.S.1929, § 20-21,104;   R.S.1943, § 25-21,104.
NE Code § 25-21,105 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-21,105 - Confirmation of report of referees; judgment.

25-21,105.  Confirmation of report of referees; judgment.Upon report of the referee or referees being confirmed, judgment thereon shall be rendered that the partition be firm and effectual forever.Source   R.S.1867, Code § 838, p. 541;   R.S.1913, § 8321;   C.S.1922, § 9273;   C.S.1929, § 20-21,105;   R.S.1943, § 25-21,105. Annotations Where summons was properly served in partition suit upon defendants who were claimed to be insane, confirmation of sale was binding, and would not be set aside against bona fide purchaser. Schleuning v. Tatro, 122 Neb. 3, 238 N.W. 741 (1931).