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§ 25-1043.Attachment of lands in another county; copy to be filed with register of deeds.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026

In one sentenceWhen an attachment reaches land in another county, this section requires the officer to file a certified copy of the attachment order, describing the property and the time it was attached, with the register of deeds where the land sits.

Full Text of § 25-1043

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Whenever an attachment shall issue to any other county than the one in which the action is brought, and any lands shall be attached by virtue thereof, it shall be the duty of the officer attaching such property to make out a true copy of the order of attachment, and file the same in the office of the register of deeds of the county where the lands so attached are situated. He shall also certify upon the copy of said order of attachment that the same is a true copy of the original writ received by him, and he shall also endorse thereon the description of the property attached, and the time when the same was attached, under and by virtue of the original order of attachment.

Source

G.S.1873, c. 57, § 1, p. 714; R.S.1913, § 7772; C.S.1922, § 8716; C.S.1929, § 20-1043; R.S.1943, § 25-1043.

Plain-English Summary

An attachment issued out of the county where the lawsuit is pending can still reach land located somewhere else in Nebraska. Section 25-1043 makes sure that reach is visible to anyone checking the county land records. When an attachment issues to a county other than the one where the action was brought, and lands in that other county get attached, the officer who attaches the property has a duty to make out a true copy of the order of attachment and file it with the register of deeds for the county where the land sits.

Filing a bare copy is not enough. The officer must also certify on that copy that it is a true copy of the original writ he received, and endorse on it a description of the property attached and the time it was attached. Together, those requirements turn the filed document into a reliable record — anyone searching land records in that county can see exactly what was attached and when.

This section works with § 25-1044, which explains what the register of deeds does with the filed copy, and why that filing matters to someone thinking about buying the land.

Frequently Asked Questions

What triggers the filing requirement in this section?

An attachment issuing to a county other than where the lawsuit is pending, with land in that other county attached under it.

Where does the officer file the copy of the attachment order?

With the register of deeds of the county where the attached land is located.

What has to be on the filed copy besides the order itself?

A certification that it is a true copy of the original writ received by the officer, plus an endorsement describing the property attached and stating the time it was attached.

Who is responsible for making and filing this copy?

The officer who attaches the property — typically the sheriff or other officer executing the order of attachment.

Why does this filing requirement exist?

It puts the attachment on the public land record for the county where the property sits, so that anyone dealing with that land can find out it has been attached, a purpose § 25-1044 makes explicit.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
Also known as: attaching land in another county nebraskaregister of deeds attachment filingfile attachment order land recordsout of county attachment procedurecertified copy attachment land