The officer holding such writ shall immediately advertise and sell said real estate, lands and tenements agreeable to the provisions of this chapter, and shall readvertise and sell the same in case a prior sale has been set aside by the district court or a judge thereof. In case the real estate offered for sale shall not be sold for want of bidders, the sheriff shall, at the request of the plaintiff, readvertise and again offer said property for sale under the said writ.
§ 25-1527.Sale of land; prior sale set aside; readvertisement.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1915 · Last verified July 22, 2026
In one sentenceThis section requires the officer holding a writ to promptly advertise and sell real estate under the chapter’s procedures, to readvertise and resell if a prior sale was set aside by the district court or a judge, and to readvertise at the plaintiff’s request if a sale attracts no bidders.
Full Text of § 25-1527
Source
Laws 1875, § 4, p. 61; R.S.1913, § 8071; Laws 1915, c. 149, § 1, p. 319; C.S.1922, § 9009; C.S.1929, § 20-1527; R.S.1943, § 25-1527.
Plain-English Summary
Section 25-1527 keeps a land sale moving even after a setback. The officer holding the writ must promptly advertise and sell the real estate, lands, and tenements according to the chapter’s procedures. If a district court or judge sets aside a prior sale, the officer does not drop the matter — the officer must readvertise and sell the property again.
The same persistence applies when a sale draws no bidders. If the real estate offered for sale goes unsold for want of bidders, the sheriff, at the plaintiff’s request, readvertises and again offers the property for sale under the same writ. Either way, the property stays under the writ’s authority until it sells, rather than requiring the plaintiff to start the execution process over from scratch.
Frequently Asked Questions
What happens if a court sets aside a land sale after it has already occurred?
The officer holding the writ must readvertise and sell the real estate again, rather than treating the writ as exhausted.
Does the plaintiff need a brand-new writ to try selling the land again?
No. Section 25-1527 lets the same writ support readvertising and reselling, both after a sale is set aside and after a sale fails for want of bidders.
What if no one bids on the property at the sale?
The sheriff, at the plaintiff’s request, readvertises and again offers the property for sale.
Who decides to set aside a prior land sale?
The district court or a judge of that court.
Does this section set the notice requirements for the readvertised sale?
It requires the sale to conform to the chapter’s provisions; the specific notice-by-publication-and-posting requirements for land sales appear in section 25-1529.
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 land sale set aside readvertisesheriff resell land no biddersprior execution sale vacated nebraskareadvertise real estate executiondistrict court sets aside sale