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§ 25-1044.Attachment of lands in another county; writ and certificate; recording constitutes notice.

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

In one sentenceThis section requires the register of deeds to record a filed copy of an attachment order affecting land, along with the officer’s certificate, in the miscellaneous record, and provides that this recording gives subsequent purchasers notice that the land has been attached.

Full Text of § 25-1044

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It shall be the duty of the register of deeds of the county, when the copy of the order of attachment has been filed as provided in section 25-1043, to record the
same in the miscellaneous record, together with the certificate of the officers heretofore mentioned, and such copy of said orders of attachment and certificates so filed and recorded shall be sufficient notice to subsequent purchasers of the land so attached.

Source

G.S.1873, c. 57, § 2, p. 714; R.S.1913, § 7773; C.S.1922, § 8717; C.S.1929, § 20-1044; R.S.1943, § 25-1044.

Plain-English Summary

Filing an attachment copy with the register of deeds, as § 25-1043 requires, only protects a plaintiff’s interest in attached land if the filing gets recorded where buyers will find it. Section 25-1044 finishes the job. It directs the register of deeds, once the copy of the order of attachment has been filed, to record it in the miscellaneous record, together with the officer’s certificate.

The payoff for doing this comes in the second half of the section: the recorded copy of the order of attachment, along with the accompanying certificate, is sufficient notice to subsequent purchasers of the attached land. That means someone who buys the land after the attachment was recorded cannot claim to be an innocent purchaser unaware of the claim against it. The recording itself does the work of putting the world on notice.

For an attaching plaintiff, this section is what makes reaching out-of-county land through attachment meaningful — without it, a buyer could take the land free of any practical notice that a lawsuit had already reached it.

Frequently Asked Questions

What does the register of deeds do once the attachment copy is filed?

The register records it in the miscellaneous record, along with the officer’s certificate that accompanied the filing.

Does recording the attachment protect the plaintiff against a later buyer of the land?

Yes. The section states that the recorded copy and certificate are sufficient notice to subsequent purchasers of the attached land.

What record book does the register of deeds use for this?

The miscellaneous record, as specified in the section.

If I am buying land, does this mean I should check for recorded attachments?

Yes. Because recording under this section counts as notice, a buyer who skips checking the miscellaneous record risks taking land that is already subject to an attachment.

What happens to this record if the attachment is later discharged?

Section 25-1045 requires the clerk to certify the discharge to the register of deeds, who then marks the recorded copy as discharged.

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: recording attachment against land noticesubsequent purchaser attachment notice nebraskamiscellaneous record attachmentregister of deeds attachment recordingland attachment constructive notice