§ 25-1529.Sale of land; notice; publication; effect of failure to publish.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1971 · Last verified July 22, 2026
Full Text of § 25-1529
Source
R.S.1867, Code § 497, p. 478; R.S.1913, § 8075; C.S.1922, § 9011; C.S.1929, § 20-1529; R.S.1943, § 25-1529; Laws 1971, LB 47, § 4.
Plain-English Summary
Land sales carry a stricter notice requirement than sales of goods and chattels. Section 25-1529 says lands and tenements taken in execution cannot be sold until the officer gives public notice of the time and place of sale by publication once a week for four straight weeks in a newspaper printed in the county — or, if none is printed there, in a newspaper of general circulation in the county.
Publication alone is not enough for land. The officer must also post a notice on the courthouse door and in five other public places in the county, two of which must be in the precinct where the land lies. That combination — newspaper publication and courthouse-plus-five-places posting — differs from the goods-and-chattels notice in section 25-1525, which allows posting only as a substitute when no county newspaper exists.
The consequence for skipping any part of this notice is severe: any sale made without it is set aside on motion, by the court to which the execution is returnable. A defect in the required notice is not a technicality a purchaser or execution creditor can brush past.
Frequently Asked Questions
Does a land sale require both newspaper publication and posted notices?
Yes. Unlike the notice for goods and chattels, land sale notice requires publication for four successive weeks and posting on the courthouse door plus five other public places, two of them in the precinct where the land lies.
What if the county has no newspaper printed in it?
The officer publishes in a newspaper of general circulation in the county instead, and still posts the notice on the courthouse door and in five other public places.
What happens if a sheriff sells land without giving proper notice?
The sale is set aside on motion, by the court to which the execution is returnable.
How many of the posted notices have to be in the precinct where the land is located?
Two of the five public-place postings, in addition to the notice on the courthouse door.
Is this notice requirement different from the one for selling goods and chattels?
Yes. Section 25-1525 allows posting as an alternative to newspaper publication only when no county newspaper exists; section 25-1529 requires both publication and posting for land regardless.