Nebraska § 25-1326 Judicial sale;
conveyance of land by master
commissioner; when
allowed; postponement of sale;
notice

Nebraska Statutes

§ 25-1326 — Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice

Nebraska § 25-1326

Ch. 25Courts; Civil Procedure

This text of Nebraska § 25-1326 (Judicial sale; conveyance of land by master commissioner; when allowed; postponement of sale; notice) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 25-1326 (2026).

Text

(1)Real property may be conveyed by a master commissioner when (a) by an order or judgment in an action or a proceeding a party is ordered to convey such property to another and he or she neglects or refuses to comply with such order or judgment or (b) specific real property is required to be sold under an order or judgment of the court.

(2)A master commissioner may, for any cause he or she deems expedient, postpone the sale of all or any portion of the real property from time to time until it is completed, and in every such case, notice of postponement shall be given by public declaration thereof by such master commissioner at the time and place last appointed for the sale. The public declaration of the notice of postponement shall include the new date, time, and place of sale. No other

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(1) Real property may be conveyed by a master commissioner when (a) by
an order or judgment in an action or a proceeding a party is ordered to convey such property
to another and he or she neglects or refuses to
comply with such order or judgment or (b) specific
real property is required to be sold under an order or judgment of the court.
(2) A master
commissioner may, for any cause he or she deems expedient, postpone the sale
of all or any portion of the real property from time to time until it is completed,
and in every such case, notice of postponement shall be given by public declaration
thereof by such master commissioner at the time and place last appointed for
the sale. The public declaration of the notice of postponement shall include
the new date, time, and place of sale. No other notice of the postponed sale
need be given unless the sale is postponed for longer than forty-five days
beyond the day designated in the notice of sale, in which event the notice
thereof shall be given in the same manner as the original notice of sale is
required to be given.

Legislative History

Source: R.S.1867, Code § 451, p. 468; R.S.1913, § 8019; C.S.1922, § 8960; C.S.1929, § 20-1326; R.S.1943, § 25-1326; Laws 2010, LB732, § 1. Annotations: Commissioner need not take oath; may administer oath to appraisers. George v. Keniston, 57 Neb. 313, 77 N.W. 772 (1899). Person designated by court to execute decree of foreclosure is a master commissioner. Northwestern Mutual Life Ins. Co. v. Mulvihill, 53 Neb. 538, 74 N.W. 78 (1898). Appointment of commissioner instead of sheriff to make sale of real estate rests in discretion of trial court. American Investment Co. v. Nye, 40 Neb. 720, 59 N.W. 355 (1894). Court may appoint sheriff or other person to conduct sale under mortgage foreclosure. State ex rel. Elliott v. Holliday, 35 Neb. 327, 53 N.W. 142 (1892). This section applies to all sales of real estate under process of court. McKeighan v. Hopkins, 14 Neb. 361, 15 N.W. 711 (1883).