If the term of service of the sheriff, or other officer, who has made or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or officer shall be absent, or be rendered unable, by death or otherwise, to make a deed of conveyance of the same, any succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that such sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid, then, on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representative, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same.
§ 25-1539.Sale of lands and tenements; deed by sheriff's successor.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen the officer who sold land under execution leaves office, is absent, or becomes unable to make the deed, this section lets a successor officer execute the deed upon a court certificate confirming the sale was properly made and upon tender of the purchase money, with the same effect as the original deed.
Full Text of § 25-1539
Source
R.S.1867, Code § 506, p. 480; R.S.1913, § 8085; C.S.1922, § 9021; C.S.1929, § 20-1539; R.S.1943, § 25-1539.
Plain-English Summary
Section 25-1539 keeps a completed land sale from stalling out over a change in office. If the sheriff or other officer who sold — or who is about to sell — lands and tenements has his term expire, or becomes absent, or is unable by death or otherwise to make the deed of conveyance, a succeeding sheriff or officer can step in and execute that deed instead.
Two things have to happen first. The successor needs a certificate from the court that issued the execution, signed by the clerk under the court’s order, stating that sufficient proof has been given the court that the sale was conducted according to law. The successor also needs tender of the purchase money — or, if some of it has already been paid, proof of that payment along with tender of whatever balance remains. Once those conditions are met, the successor can execute a deed to the purchaser or the purchaser’s legal representative, and that deed carries the same legal force as if the original selling officer had made it.
Frequently Asked Questions
What happens if the sheriff who sold the land leaves office before signing the deed?
A successor sheriff or officer may execute the deed instead, once the required certificate and payment conditions are met.
Does a successor’s deed carry the same legal weight as the original officer’s would have?
Yes. Section 25-1539 states the successor’s deed is as good and valid, with the same effect, as if the original selling officer had executed it.
What does the successor need before executing the deed?
A certificate from the issuing court, signed by the clerk under the court’s order, showing sufficient proof the sale was conducted according to law, plus tender of the purchase money or proof of partial payment with tender of the balance.
What other situations trigger this section besides a sheriff leaving office?
The officer being absent, or being unable by death or otherwise to make the deed.
Who can receive the deed from the successor officer?
The purchaser or the purchaser’s legal representative.
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 successor sheriff execution deeddeed after sheriff leaves officecourt certificate sale properly madepurchase money tender deed nebraskasection 25-1539 successor officer