§ 25-1304.Decree for conveyance, release, or acquittance; effect.
Article 13: Judgments · Last amended 1869 · Last verified July 22, 2026
Full Text of § 25-1304
Source
Laws 1869, § 1, p. 70; R.S.1913, § 7997; C.S.1922, § 8938; C.S.1929, § 20-1304; R.S.1943, § 25-1304.
Plain-English Summary
Some judgments order a party to do something — sign a deed, release a claim, or issue an acquittance — rather than pay money. Section 25-1304 addresses what happens when that party refuses. If the judgment or decree orders a conveyance, release, or acquittance and the party against whom it runs does not comply within the time the judgment sets, the judgment itself takes on the same operation and effect, and is as available, as if the conveyance, release, or acquittance had been executed.
In practical terms, the court does not need to hold the losing party in contempt or wait indefinitely for compliance to make the ordered outcome real. The judgment stands in for the missing signature. A party relying on a judgment ordering a conveyance of real property, for instance, can treat the judgment as accomplishing that conveyance once the compliance deadline passes without action.
Frequently Asked Questions
What happens if a party refuses to sign a deed a Nebraska court ordered?
Under § 25-1304, once the time set in the judgment passes without compliance, the judgment itself has the same operation and effect as if the conveyance had been executed — it stands in for the missing document.
Does this section apply only to real estate conveyances?
No. It covers conveyances, releases, and acquittances generally, not just deeds to real property.
Does the winning party need to file a separate enforcement action to get the conveyance recognized?
Section 25-1304 gives the judgment itself the same effect as the executed document once the compliance deadline passes, which is meant to avoid the need for a second proceeding just to force execution.
What if the judgment does not set a specific time for compliance?
The statute refers to the time mentioned in the judgment or decree, so a judgment ordering this kind of relief typically needs to specify a compliance deadline for this provision to operate as intended.
Is this the same as a contempt remedy?
No. Contempt punishes the refusal to comply; § 25-1304 instead treats the judgment as legally equivalent to the executed conveyance, release, or acquittance, sidestepping the need for compliance altogether.