Nebraska § 25-2149 Payment by defendant of sums due; stay; decree

Nebraska Statutes

§ 25-2149 — Payment by defendant of sums due; stay; decree

Nebraska·Ch. 25 Courts; Civil Procedure

If, after a decree for sale, entered against a defendant in such case, he shall bring into court the principal and interest due, with costs, the proceedings in the suit shall be stayed, but the court shall enter a decree of foreclosure and sale, to be enforced by a further order of the court, upon a subsequent default in the payment of any portion or installment of the principal, or any interest thereafter to grow due.

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If, after a decree for sale, entered against a defendant in such case, he shall bring into court the principal and interest due, with costs, the proceedings in the suit shall be stayed, but the court shall enter a decree of foreclosure and sale, to be enforced by a further order of the court, upon a subsequent default in the payment of any portion or installment of the principal, or any interest thereafter to grow due.

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Legislative History

Source: R.S.1867, Code § 857, p. 544; R.S.1913, § 8266; C.S.1922, § 9219; C.S.1929, § 20-2151; R.S.1943, § 25-2149. Annotations: Section is applicable only to cases where foreclosure is for interest or part of principal. It was not intended to relieve party from forfeiture. Beisel v. Artman, 10 Neb. 181, 4 N.W. 1011 (1880).