§ 76-237 — Deeds; how recorded; when considered recorded

Nebraska § 76-237

• Jurisdiction: Nebraska
• Ch. 76: Real Property

Text

Every deed, entitled by law to be recorded, shall be recorded in the order and as of the time when the same shall be delivered to the register of deeds for that purpose, and shall be considered recorded from the time of such delivery.

Legislative History

Source: R.S.1866, c. 43, § 15, p. 283; Laws 1887, c. 30, § 15, p. 368; R.S.1913, § 6212; C.S.1922, § 5611; C.S.1929, § 76-217; R.S.1943, § 76-237. Cross References: Recording fees, see section 33-109. Annotations: Mortgages are considered as recorded from the time of their delivery to the register of deeds for that purpose, but mere fact that a mortgage is recorded first does not necessarily give it priority over one recorded later, as between the parties, if they have agreed or intended otherwise. Reitz v. Petersen, 131 Neb. 706, 269 N.W. 811 (1936). Mere fact that one mortgage is indexed and recorded ahead of another does not give the first mortgage priority, and where both are delivered by mail without instructions, they are to be considered recorded from time of delivery. Judkins-Davies v. Skochdopole, 122 Neb. 374, 240 N.W. 510 (1932). Assignment of real estate mortgage is an instrument affecting the title of real estate within meaning of Recording Acts. Mulligan v. Snavely, 117 Neb. 765, 223 N.W. 8 (1929). Where a deed, properly executed and acknowledged, is filed for record, it is notice to all the world even though record book containing it is destroyed. Deming v. Miles, 35 Neb. 739, 53 N.W. 665 (1892). Party filing deed is not prejudiced by negligence of register. Perkins v. Strong, 22 Neb. 725, 36 N.W. 292 (1888).