Nebraska Statutes

§ 76-307 — Decree of eviction; rights of better title holder

Nebraska·Ch. 76 Real Property
If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimant, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements, as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree.

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Legislative History

Source: Laws 1883, c. 59, § 7, p. 253; R.S.1913, § 6261; C.S.1922, § 5671; C.S.1929, § 76-307; R.S.1943, § 76-307. Annotations: Unsuccessful occupant cannot be ousted until owner has made election. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).

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