§ 25-21,105.Confirmation of report of referees; judgment.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-21,105
Source
R.S.1867, Code § 838, p. 541; R.S.1913, § 8321; C.S.1922, § 9273; C.S.1929, § 20-21,105; R.S.1943, § 25-21,105.
Plain-English Summary
Once a partition referee’s report survives review and the court confirms it, section 25-21,105 tells the court what to do next: enter judgment declaring the partition firm and effectual forever. That language is not filler. It marks the point where a proposed division of shared property turns into a final, binding result.
Confirmation is the hinge. Section 25-21,104 lets the court reject a flawed report and send it back for more work; this section describes the other outcome, where the report holds up and the court locks the partition into a judgment meant to last.
Frequently Asked Questions
What happens after the court confirms a partition referee’s report?
The court renders judgment declaring the partition firm and effectual forever, closing out that stage of the case.
Does “firm and effectual forever” mean the partition can never be reopened?
It means the judgment is meant to permanently fix the division among the parties bound by it, subject to the ordinary rules on appeal or on vacating a judgment for fraud or similar grounds.
What is the difference between this section and section 25-21,104?
Section 25-21,104 covers a report the court rejects and sends back for rereference; section 25-21,105 covers a report the court accepts and confirms into judgment.
Does the court have to hold a hearing before confirming the report?
The section addresses only what follows confirmation; it does not spell out the confirmation procedure itself.
Who is bound by the resulting partition judgment?
Section 25-21,106 addresses which parties the partition proceedings bind, based on how they were served.