In all cases when two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors in whose favor one or more of said executions is issued shall require the sheriff, or other officer, to make a separate levy to satisfy his execution or executions, it shall be the duty of the sheriff, or other officer, to levy said execution, or so many thereof as may be required, on separate parcels of real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditor whose execution may, by the provisions of this chapter, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient to satisfy the same. In all cases where two or more executions, which are entitled to no preference over each other, are put into the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of real property of the judgment debtor or debtors, when the same may be divided without material injury; and if the real property of said debtors will not be sufficient to satisfy all the executions chargeable thereon, such part of the same shall be levied on to satisfy each execution as will bear the same proportion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon.
§ 25-1538.Several writs of execution; levy on real property; how made; preference.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen an officer holds two or more executions requiring a levy on real property, this section requires levying on separate parcels when a judgment creditor asks for it, giving a preferred creditor the choice of parcels, and otherwise dividing the property proportionally among executions entitled to no preference over each other.
Full Text of § 25-1538
Source
R.S.1867, Code § 505, p. 479; R.S.1913, § 8084; C.S.1922, § 9020; C.S.1929, § 20-1538; R.S.1943, § 25-1538.
Plain-English Summary
Section 25-1538 sorts out competing executions against the same debtor’s land. When two or more executions land in the hands of the same sheriff or officer, and satisfying them requires a levy on real estate, a judgment creditor can require the officer to make a separate levy just to satisfy that creditor’s own execution or executions. Where the law gives that creditor’s execution a preference over the others, the officer must give the creditor the choice of which parcels of the debtor’s real property to levy on, so long as those parcels are enough to satisfy the debt.
Not every execution enjoys a preference. When two or more executions carry no preference over each other and both land in the same officer’s hands, the officer, when requested, levies on separate parcels of the debtor’s real property when the property can be divided without material injury. If the debtor’s land will not cover every execution chargeable against it, the officer levies proportionally — each execution gets a share of the property whose value bears the same ratio to the whole as that execution’s amount bears to the total of all the executions chargeable against the land.
Frequently Asked Questions
What happens when a sheriff holds multiple executions against the same debtor’s land?
A judgment creditor can require the officer to make a separate levy to satisfy that creditor’s own execution, and the officer divides the property among the competing executions according to preference or proportion.
What does it mean for one execution to have a “preference” over another?
It means the law entitles that execution to priority under the chapter’s provisions, which under this section gives that creditor the choice of parcels sufficient to satisfy the debt.
How is the land divided when no execution has priority over another?
Proportionally: each execution is satisfied out of property whose value bears the same ratio to the total property as that execution’s amount bears to the sum of all the chargeable executions.
Can a judgment creditor require a separate levy just for their own execution?
Yes, when it is necessary to levy on real estate to satisfy multiple executions in the officer’s hands.
What if the debtor’s land cannot be divided without harming its value?
The section’s division-by-separate-parcels approach for non-preferred executions applies when the property can be divided without material injury; it does not require dividing land in a way that damages it.
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 multiple executions same landpreference among judgment creditors nebraskaseparate levy parcels executionproportional levy competing executionssheriff divide land multiple writs