§ 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.

Legislative History

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).