If the execution be for the delivery of the possession of real property, it shall require the officer to deliver the same, particularly describing the property, to the party entitled thereto, and may at the same time require the officer to satisfy any costs or damages recovered in the same judgment, out of the goods and chattels of the party against whom it was rendered, and for want of such goods and chattels, then out of the lands and tenements, and in this respect it shall be deemed an execution against the property.
§ 25-1581.Execution; contents; satisfaction of damages and costs.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-1581 spells out what a writ of execution for delivering possession of real property must do: describe the property, direct the officer to hand it over to the party entitled to it, and, when the judgment also awards costs or damages, collect those from the debtor’s goods first and land only if needed.
Full Text of § 25-1581
Source
R.S.1867, Code § 559, p. 491; R.S.1913, § 8129; C.S.1922, § 9065; C.S.1929, § 20-1583; R.S.1943, § 25-1581.
Plain-English Summary
Some judgments do not award money; they award possession of real property. Section 25-1581 tells the executing officer what such a writ must accomplish: particularly describe the property involved and require the officer to deliver possession of it to the party the judgment names as entitled.
The same writ can do double duty. If the judgment that awarded possession also awarded costs or damages, the writ may direct the officer to satisfy those out of the losing party’s goods and chattels, and, only if that personal property is not enough, out of the party’s lands and tenements. For that money-collection piece, the statute treats the writ as an execution against property, applying the same order of resort, personal property before real property, that governs an ordinary money judgment.
Frequently Asked Questions
What kind of judgment does section 25-1581 cover?
A judgment for the delivery of possession of real property, such as a judgment ordering a party to give up land or a building.
What must the writ of execution describe?
The real property involved, described with particularity, so the officer knows exactly what to deliver and to whom.
Can the same writ also collect money owed under the judgment?
Yes. If the judgment includes costs or damages, the writ can direct the officer to satisfy those out of the debtor’s goods and chattels first.
What happens if the debtor’s personal property is not enough to cover the costs or damages?
The officer can then proceed against the debtor’s lands and tenements, since the statute treats the money-collection portion of the writ as an execution against property.
Is this the same procedure used for an ordinary money judgment?
The core delivery-of-possession function is specific to this section, but the money-collection portion follows the same personal-property-before-real-property order used in ordinary executions against property.
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: execution for possession of real property nebraskawrit delivering land to prevailing partysheriff delivers possession judgment nebraskasatisfying damages through execution against property