§ 25-1412.Death of defendant in actions to recover real property; against whom action revived.

Section 25-1412 narrows in on a specific type of case: one for the recovery of real property only, or one that concerns only the defendant’s rights or claims to that property. When the defendant in such a case dies, the action may be revived against the defendant’s heirs or devisees, or both. The order accomplishing that revivor may be made forthwith, following the same manner directed in the preceding sections of this chapter — meaning the motion, conditional order, and service procedures described in §§ 25-1406 through 25-1409.

This section works as a real-property-specific application of the broader rule in § 25-1411, which allows revivor against a deceased defendant’s personal representative, heirs, devisees, or some combination, depending on against whom the right of action survives. Because a purely real-property claim, or one limited to rights and claims in the property, typically implicates the people who took that property by inheritance or devise rather than the estate’s general assets, this section lets revivor proceed against the heirs or devisees directly.

The phrase “forthwith” signals that this revivor can move promptly once the death is established, without additional delay built into the section itself, though the underlying procedural steps — motion, order, and service — still apply as they do to any other revivor under this Article.