Nebraska § 76-241 Deeds and other instruments; when not lawfully recorded

Nebraska Statutes

§ 76-241 — Deeds and other instruments; when not lawfully recorded

Nebraska § 76-241

Ch. 76Real Property

This text of Nebraska § 76-241 (Deeds and other instruments; when not lawfully recorded) 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. § 76-241 (2026).

Text

All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.

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Legislative History

Source: R.S.1866, c. 43, § 17, p. 283; R.S.1913, § 6214; C.S.1922, § 5613; C.S.1929, § 76-219; R.S.1943, § 76-241; Laws 1973, LB 227, § 2. Annotations: Extension agreements involved were not eligible to record, but binding nevertheless on parties having actual knowledge thereof. Steeves v. Nispel, 132 Neb. 597, 273 N.W. 50 (1937). Where instrument, through which person claimed lien was not acknowledged or proved in manner prescribed by recording acts, although recorded, it did not operate as constructive notice. Dawson County State Bank v. Durland, 114 Neb. 605, 209 N.W. 243 (1926); Warnick v. Latta, 44 Neb. 807, 62 N.W. 1097 (1895); Keeling v. Hoyt, 31 Neb. 453, 48 N.W. 66 (1891). Assignee of junior encumbrancer is given priority over senior encumbrancer only in case his assignment is in registerable form and recorded before senior encumbrancer. Rumery v. Loy, 61 Neb. 755, 86 N.W. 478 (1901). Section applies also to assignments for benefit of creditors. Heelan v. Hoagland, 10 Neb. 511, 7 N.W. 282 (1880). Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor, was fatally defective. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).