reglab/statecodes huggingface dataset:
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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).
2023 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.
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,133 - Partial ouster, judgment of.

25-21,133.
Partial ouster, judgment of.
If the defendant is found to have exercised merely certain individual powers and privileges to which he was not entitled, the judgment shall be the same as above directed, but only in relation to those particulars in which he is thus exceeding the lawful exercise of his rights and privileges.
Source
R.S.1867, Code § 716, p. 518;
R.S.1913, § 8340;
C.S.1922, § 9292;
C.S.1929, § 20-21,124;
R.S.1943, § 25-21,133.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,134 - Quo warranto; in whose name brought; costs.

25-21,134.
Quo warranto; in whose name brought; costs.
When an information is upon the relation of a private individual, it shall be so stated in the complaint and proceedings, and such individual shall be responsible for costs in case they are not adjudged against the defendant. In other cases the title of the cause shall be the same as in a criminal prosecution, and the payment of costs shall be regulated by the same rule.
Source
R.S.1867, Code § 717, p. 518;
R.S.1913, § 8341;
C.S.1922, § 9293;
C.S.1929, § 20-21,125;
R.S.1943, § 25-21,134;
Laws 2002, LB 876, § 48.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,135 - Judgment against pretended corporation; costs.

25-21,135.
Judgment against pretended corporation; costs.
In case judgment is rendered against a pretended, but not real, corporation, the costs may be collected from any person who has been acting as an officer or proprietor of such pretended corporation.
Source
R.S.1867, Code § 718, p. 518;
R.S.1913, § 8342;
C.S.1922, § 9294;
C.S.1929, § 20-21,126;
R.S.1943, § 25-21,135.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,136 - Dissolved corporation; trustees; appointment.

25-21,136.
Dissolved corporation; trustees; appointment.
If a corporation is ousted and dissolved by the proceedings herein authorized, the court shall appoint three disinterested persons as trustees of the creditors and stockholders.
Source
R.S.1867, Code § 719, p. 519;
R.S.1913, § 8343;
C.S.1922, § 9295;
C.S.1929, § 20-21,127;
R.S.1943, § 25-21,136.
Annotations
Court ousting foreign corporation may appoint trustees for its creditors and stockholders. State ex rel. Spillman v. Brictson Mfg. Co., 114 Neb. 341, 207 N.W. 664 (1926), affirming 113 Neb. 781, 205 N.W. 246 (1925).
State court judgment ousting foreign corporation and appointing trustees for its property in Nebraska upheld as against collateral attack in federal court. Brictson Mfg. Co. v. Close, 25 F.2d 794 (8th Cir. 1928).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,137 - Dissolved corporation; trustees; bond.

25-21,137.
Dissolved corporation; trustees; bond.
Such trustees shall enter into bond, in such a penalty and with such security as the court may approve, conditioned for the faithful discharge of their trust.
Source
R.S.1867, Code § 720, p. 519;
R.S.1913, § 8344;
C.S.1922, § 9296;
C.S.1929, § 20-21,128;
R.S.1943, § 25-21,137.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,138 - Dissolved corporation; trustees; bond, action upon.

25-21,138.
Dissolved corporation; trustees; bond, action upon.
Suit may be brought on such bond by any person injured by the negligence or wrongful act of the trustees in the discharge of their duties.
Source
R.S.1867, Code § 721, p. 519;
R.S.1913, § 8345;
C.S.1922, § 9297;
C.S.1929, § 20-21,129;
R.S.1943, § 25-21,138.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,139 - Dissolved corporation; trustees; duties.

25-21,139.
Dissolved corporation; trustees; duties.
The trustees shall proceed immediately to collect the debts and pay the liabilities of the corporation, and to divide the surplus among those thereto entitled.
Source
R.S.1867, Code § 722, p. 519;
R.S.1913, § 8346;
C.S.1922, § 9298;
C.S.1929, § 20-21,130;
R.S.1943, § 25-21,139.
Annotations
Surplus property of ousted foreign corporation should be returned to its proper officers or representatives, not to stockholders. State ex rel. Spillman v. Brictson Mfg. Co., 114 Neb. 341, 207 N.W. 664 (1926).
Bankruptcy court, in summary proceeding to recover bankrupt corporation's assets from trustees appointed in state court to liquidate corporation and distribute its assets, acquired no jurisdiction, where, at time of bankruptcy, receiver of corporation was holding its assets pursuant to court order. Marcell v. Engebretson, 74 F.2d 93 (8th Cir. 1934).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,140 - Dissolved corporation; books, papers, effects; delivery to trustees; enforcement.

25-21,140.
Dissolved corporation; books, papers, effects; delivery to trustees; enforcement.
The court shall, upon an application for that purpose, order any officer of such corporation, or any other person having possession of any of the effects, books, or papers of the corporation in any wise necessary for the settlement of its affairs, to deliver up the same to the trustees.
Source
R.S.1867, Code § 723, p. 519;
R.S.1913, § 8347;
C.S.1922, § 9299;
C.S.1929, § 20-21,131;
R.S.1943, § 25-21,140.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,141 - Dissolved corporation; trustees; inventory.

25-21,141.
Dissolved corporation; trustees; inventory.
As soon as practicable after their appointment, the trustees shall make and file in the office of the clerk of the court, an inventory of all the effects, rights and credits which come to their possession or knowledge, the truth of which inventory shall be sworn to.
Source
R.S.1867, Code § 724, p. 519;
R.S.1913, § 8348;
C.S.1922, § 9300;
C.S.1929, § 20-21,132;
R.S.1943, § 25-21,141.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,142 - Dissolved corporation; trustees; corporate claims and property; duty to sue; liability.

25-21,142.
Dissolved corporation; trustees; corporate claims and property; duty to sue; liability.
They shall sue for and recover the debts and property of the corporation, and shall be responsible to the creditors and stockholders, respectively, to the extent of the effects which come to their hands, in the same manner as though they were the executors of a deceased person.
Source
R.S.1867, Code § 725, p. 519;
R.S.1913, § 8349;
C.S.1922, § 9301;
C.S.1929, § 20-21,133;
R.S.1943, § 25-21,142.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,143 - Ouster of corporation; liability of officers for misconduct.

25-21,143.
Ouster of corporation; liability of officers for misconduct.
When judgment of ouster is rendered against a corporation on account of the misconduct of the directors or officers thereof, such officers shall be jointly and severally liable to an action by anyone injured thereby.
Source
R.S.1867, Code § 726, p. 519;
R.S.1913, § 8350;
C.S.1922, § 9302;
C.S.1929, § 20-21,134;
R.S.1943, § 25-21,143.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,144 - Quo warranto; disobedience of court order; liability; penalty.

25-21,144.
Quo warranto; disobedience of court order; liability; penalty.
Any person who, without good reason, refuses to obey any order of the court as provided in sections 25-21,121 to 25-21,148 shall be deemed guilty of a contempt of court, and shall be fined in any sum not exceeding five thousand dollars, and imprisoned in the county jail until he comply with said order, and shall be further liable for the damages resulting to any person on account of his refusal to obey such order.
Source
R.S.1867, Code § 727, p. 519;
R.S.1913, § 8351;
C.S.1922, § 9303;
C.S.1929, § 20-21,135;
R.S.1943, § 25-21,144.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,145 - Quo warranto; letters patent; annulment; grounds.

25-21,145.
Quo warranto; letters patent; annulment; grounds.
An action of quo warranto may be instituted in the manner contemplated in sections 25-21,121 to 25-21,148, for the purpose of annulling or vacating any letters patent granted by the proper authorities of this state, where there is reason to believe that the same were obtained by fraud, or through mistake or ignorance of a material fact, or when the patentee, or those claiming under him, have done or omitted an act in violation of the terms and conditions on which the letters were granted, or have by any other means forfeited the interest acquired under the same.
Source
R.S.1867, Code § 728, p. 519;
R.S.1913, § 8352;
C.S.1922, § 9304;
C.S.1929, § 20-21,136;
R.S.1943, § 25-21,145.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,146 - Action by claimant against incumbent of office; condition precedent.

25-21,146.
Action by claimant against incumbent of office; condition precedent.
When any citizen of this state shall claim any office which is usurped, invaded or unlawfully held and exercised by another, the person so claiming such office shall have the right to file in the district court an information in the nature of a quo warranto, upon his own relation, and with or without the consent of the prosecuting attorney, and such person shall have the right to prosecute said information to final judgment;
Provided,
he shall have first applied to the prosecuting attorney to file the information, and the prosecuting attorney shall have refused or neglected to file the same.
Source
R.S.1867, Code § 1, p. 279;
R.S.1913, § 8353;
C.S.1922, § 9305;
C.S.1929, § 20-21,137;
R.S.1943, § 25-21,146.
Annotations
1. Scope of action
2. Condition precedent
3. Miscellaneous
1. Scope of action
A person claiming an office that has been usurped or invaded by another may maintain an action in quo warranto. State ex rel. Brogan v. Boehner, 174 Neb. 689, 119 N.W.2d 147 (1963).
Quo warranto to try title to office will lie, even though validity of election and existence of office are drawn in question. Thompson v. James, 125 Neb. 350, 250 N.W. 237 (1933).
Teacher claiming to have been wrongfully dismissed may bring quo warranto to test right of successor to take his place, and force dismissal. Eason v. Majors, 111 Neb. 288, 196 N.W. 133 (1923).
Quo warranto applies only to claimants of office, and is not proper action to test constitutionality of law creating office. State v. Scott, 70 Neb. 681, 97 N.W. 1021 (1904).
Quo warranto should be brought in Supreme Court by Attorney General, in district court by county attorney, and by individual where officer refuses. State ex rel. Fair v. Frazier, 28 Neb. 438, 44 N.W. 471 (1890).
2. Condition precedent
In a suit under this section, consent of Attorney General or county attorney is not required. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967).
Individual relator must allege refusal of county attorney in information. Harpham v. State ex rel. Cruse, 63 Neb. 396, 88 N.W. 489 (1901).
Consent is evidenced by county attorney prosecuting action filed in relator's name. Duffy v. State ex rel. Edson, 60 Neb. 812, 84 N.W. 264 (1900).
3. Miscellaneous
Private relator in statutory quo warranto contesting an election with knowledge of election irregularities may not be entitled to relief for that reason in certain circumstances. State ex rel. Genz v. Thomas, 185 Neb. 637, 177 N.W.2d 607 (1970).
Relator must show better title than respondent. State ex rel. Thayer v. Boyd, 34 Neb. 435, 51 N.W. 964 (1892).
Information that does not show relator's title is demurrable. State ex rel. Cooper v. Hamilton, 29 Neb. 198, 45 N.W. 279 (1890).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,147 - Public officers; malfeasance; ouster.

25-21,147.
Public officers; malfeasance; ouster.
Any county attorney or prosecuting officer, sheriff, mayor, police officer, or police commissioner, or other officer, who shall willfully fail, neglect or refuse to enforce any law which it is made his duty to enforce shall thereby forfeit his office and may be removed therefrom.
Source
Laws 1907, c. 87, § 1, p. 306;
R.S.1913, § 8354;
C.S.1922, § 9306;
C.S.1929, § 20-21,138;
R.S.1943, § 25-21,147;
Laws 1972, LB 1032, § 143.
Annotations
To willfully fail, neglect, or refuse to enforce a law involves more than oversight or carelessness or voluntary neglect. State ex rel. Thompson v. Donahue, 91 Neb. 311, 135 N.W. 1030 (1912).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,148 - Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.

25-21,148.
Public officers; malfeasance; action in Supreme Court; suspension of defendant; temporary appointment.
The Attorney General of the State of Nebraska or a special attorney designated by the Governor, when directed by the Governor, shall institute and prosecute quo warranto proceedings in the Supreme Court against any such county attorney or prosecuting officer, sheriff, police officer or police commissioner, mayor or other officer, who holds his office by a vote of the people. During the pendency of such proceedings such officer may by the Governor be suspended from performing the duties of his office, and temporary appointment may be made by the Governor for the performance of the duties of such office. If the court shall find that such suspended officer has willfully failed or refused to enforce any law which it is his duty as such officer to perform, then the court shall render judgment of ouster against such officer and the office shall thereby become vacant.
Source
Laws 1907, c. 87, § 2, p. 306;
R.S.1913, § 8355;
C.S.1922, § 9307;
Laws 1923, c. 116, § 1, p. 277;
C.S.1929, § 20-21,139;
R.S.1943, § 25-21,148;
Laws 1965, c. 118, § 2, p. 451;
Laws 1972, LB 1032, § 44.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-21,151 - Construction of contract; before or after breach.

25-21,151.
Construction of contract; before or after breach.
A contract may be construed either before or after there has been a breach thereof.
Source
Laws 1929, c. 75, § 3, p. 257;
C.S.1929, § 20-21,142;
R.S.1943, § 25-21,151.
Annotations
A contract may be construed under Declaratory Judgments Act either before or after there has been a breach thereof. Dorland v. Dorland, 175 Neb. 233, 121 N.W.2d 28 (1963).
Action is authorized after breach of contract of insurance. Hawkeye Casualty Co. v. Stoker, 154 Neb. 466, 48 N.W.2d 623 (1951).