§ 76-309 — Election by better title holder to accept value of unimproved land; neglect or refusal to pay; effect

If the successful claimant shall elect to receive the value of the real estate without improvements, to be paid by the occupant or claimants, within such a time as the court shall direct, and shall tender a general warranty deed for such real estate to the occupant or claimant, and the occupant or claimant shall refuse or neglect to pay said sum of money to the successful claimant within the time allowed by the court for that purpose, then the successful claimant shall deposit with the clerk of the court the amount found due the occupant or claimant, and thereupon a writ of possession shall be issued in favor of such successful claimant, or decree shall be entered in his favor as the case shall require.

Legislative History

Source: Laws 1883, c. 59, § 9, p. 253; R.S.1913, § 6263; C.S.1922, § 5673; C.S.1929, § 76-309; R.S.1943, § 76-309.