§ 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.

Legislative History

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).