The deed of a master commissioner shall contain the like recital and shall be
executed, acknowledged and recorded in the same manner as the deed of a sheriff of real property sold under execution.
§ 25-1328.Judicial sale; deed of commissioner; form and execution.
Article 13: Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires a master commissioner’s deed to contain the same recital and to be executed, acknowledged, and recorded the same way as a sheriff’s deed for real property sold on execution.
Full Text of § 25-1328
Source
R.S.1867, Code § 453, p. 468; R.S.1913, § 8021; C.S.1922, § 8962; C.S.1929, § 20-1328; R.S.1943, § 25-1328.
Plain-English Summary
Section 25-1328 ties the paperwork of a judicial sale to a familiar template. Once a master commissioner sells real property, the deed conveying it has to contain the like recital found in a sheriff’s deed for property sold under execution.
The formalities carry through too. The commissioner’s deed must be executed, acknowledged, and recorded in the same manner as a sheriff’s deed of real property sold on execution. A buyer, title examiner, or later court reviewing the deed can apply the same standards used for execution sales rather than learning a separate set of formalities specific to commissioner sales.
Frequently Asked Questions
What must a master commissioner’s deed contain?
The like recital found in a sheriff’s deed for property sold on execution.
How must the deed be executed and recorded?
In the same manner as a sheriff’s deed of real property sold under execution — executed, acknowledged, and recorded.
Why does the statute borrow the sheriff’s deed formalities instead of creating new ones?
It keeps a single, familiar standard for judicial sale deeds regardless of who conducted the sale.
Does this section apply when a sheriff acts as the master commissioner?
Yes. Since section 25-1327 lets a sheriff conduct the sale as master commissioner, the deed still has to follow the formalities this section sets out.
Does the deed have to be acknowledged before it is recorded?
Yes. The statute requires the deed to be executed, acknowledged, and recorded in the same manner as a sheriff’s execution-sale deed, and acknowledgment is part of that sequence.
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: master commissioner deed requirements nebraskajudicial sale deed nebraskasheriff deed execution sale formatmaster commissioner deed acknowledgment recording