§ 25-1327.Judicial sale; sheriff as master commissioner.
Article 13: Judgments · Last amended 2010 · Last verified July 22, 2026
Full Text of § 25-1327
Source
R.S.1867, Code § 452, p. 468; R.S.1913, § 8020; C.S.1922, § 8961; C.S.1929, § 20-1327; R.S.1943, § 25-1327; Laws 2010, LB732, § 2.
Plain-English Summary
Section 25-1327 lets a sheriff fill the master commissioner’s role for one specific function under section 25-1326: selling real property that a court has ordered sold. Rather than requiring a separately appointed commissioner for every such sale, the statute permits the sheriff to handle it directly.
When a sheriff acts in this capacity, the sale itself is not a free-form process. It has to conform in all respects to the laws that regulate sales of land taken on execution — the same procedural rules that already govern sheriff’s sales used to satisfy a judgment through a levy on real property.
Frequently Asked Questions
Can a sheriff act as a master commissioner in Nebraska?
Yes, for sales made under the subdivision of section 25-1326 covering property required to be sold under a court order or judgment.
Does this section cover conveyances made because a party refused to comply with an order to convey?
No. That situation is the other branch of section 25-1326; this section covers sales conducted under the subdivision addressing property ordered sold.
What rules govern a sale conducted by a sheriff acting as master commissioner?
The same laws that regulate sales of land upon execution.
Why would a sheriff be used instead of another appointed commissioner?
The statute gives that option, letting the sheriff conduct the sale rather than requiring a separately appointed commissioner.
Does a sale conducted by a sheriff acting as master commissioner need its own separate set of procedures?
No. It follows the same laws already regulating execution sales of land, rather than a distinct procedure written just for commissioner sales.