If the jury shall find the property, or any part thereof, to be in the claimant, and the plaintiff in execution shall, at any time within three days after said trial, tender to the sheriff or other officer having such property in his custody on execution, an undertaking, with good and sufficient sureties, payable to such claimant, in double the amount of the value of such property as assessed by the jury, to the effect that they will pay all damages sustained by reason of the detention or sale of such property, then the sheriff or other officer shall deliver said undertaking to claimant, and proceed to sell such property as if no such trial of the right of property had taken place, and shall not be liable to the claimant therefor.
§ 25-1523.Intervening claimants; proceedings before jury to ascertain title; levy notwithstanding verdict; bond.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a jury finds that levied property belongs to the intervening claimant, this section gives the execution creditor three days to post a bond double the property’s assessed value, letting the sheriff sell the property anyway and shielding the sheriff from liability to the claimant.
Full Text of § 25-1523
Source
R.S.1867, Code § 488, p. 475; R.S.1913, § 8064; C.S.1922, § 9005; C.S.1929, § 20-1523; R.S.1943, § 25-1523.
Plain-English Summary
Section 25-1523 addresses what happens after a jury — rather than the court alone — sides with the claimant in the section 25-1521 dispute. A jury verdict in the claimant’s favor does not automatically end the execution sale. The plaintiff in execution has three days after the trial to tender the sheriff or other officer holding the property an undertaking, with sufficient sureties, payable to the claimant, in double the amount the jury assessed the property to be worth.
That bond has to promise payment of whatever damages the claimant suffers from the property being detained or sold. If the plaintiff tenders it within the three days, the sheriff delivers the bond to the claimant and proceeds to sell the property as though the trial had never happened — and the sheriff is not liable to the claimant for doing so. In effect, the bond substitutes a monetary guarantee for the property itself, letting the sale go forward while preserving the claimant’s recourse against the bond if the jury’s finding turns out to be correct.
Frequently Asked Questions
How long does the plaintiff have to post the bond after a jury finds for the claimant?
Three days after the trial.
How large does the bond have to be?
Double the value of the property as assessed by the jury.
What does the bond guarantee?
Payment of all damages the claimant sustains from the detention or sale of the property.
What happens if the plaintiff does not post the bond within three days?
Section 25-1523 conditions the sheriff’s authority to sell despite the verdict on tender of the undertaking within that window; without it, the section does not authorize the sale to proceed over the claimant’s verdict.
Is the sheriff protected once the bond is posted?
Yes. The sheriff delivers the bond to the claimant, proceeds with the sale as if no trial had occurred, and is not liable to the claimant for doing so.
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: nebraska jury verdict claimant bondundertaking to sell despite verdictdouble value bond execution nebraskasheriff liability intervening claimantthree day bond claimant property