The defendants may be served in the same manner as in ordinary civil action by summons, or by publication as provided in this code, and when all the parties in interest have been duly served, any of the proceedings herein prescribed shall be binding and conclusive upon them all. If only a portion of such parties be served, they only shall be bound by such proceedings.
§ 25-21,106.Service of process; parties bound by proceedings.
Article 21: Special Proceedings and Actions · Last amended 1899 · Last verified July 22, 2026
In one sentenceThis section lets defendants in a Nebraska partition case be served by summons or by publication, and it binds only the parties who were served, leaving anyone left out of service unaffected by the proceedings.
Full Text of § 25-21,106
Source
R.S.1867, Code § 839, p. 541; Laws 1899, c. 89, § 2, p. 345; R.S.1913, § 8322; C.S.1922, § 9274; C.S.1929, § 20-21,106; R.S.1943, § 25-21,106.
Cross References
For service of process, see Chapter 25, article 5.
Plain-English Summary
Partition cases often involve owners scattered across counties or states, so section 25-21,106 gives plaintiffs two ways to bring them in: service by summons, the same as any ordinary civil action, or service by publication under the code’s general publication rules. Either method works to notify a defendant that shares in the property are on the line.
What service accomplishes matters as much as how it happens. The section ties the binding force of the partition proceedings directly to who got served. Once every party in interest has been duly served, the proceedings bind all of them. But if only some of the parties were served, the judgment reaches only those people — anyone left unserved keeps whatever interest they held, untouched by the case.
That split matters for anyone relying on a partition judgment to clear title. A buyer or lender should confirm that every owner with a stake in the property was served before treating the partition decree as settling the whole ownership picture.
Frequently Asked Questions
How can defendants be served in a Nebraska partition case?
By summons, the same as in an ordinary civil action, or by publication under the code’s general publication-service rules.
Does a partition judgment bind every owner of the property?
Only if every party in interest was duly served. If just some of them were served, the judgment binds only those parties.
What happens to an owner who was never served in the partition case?
That owner is not bound by the proceedings, since the section limits the binding effect to parties who were served.
Why would a title examiner care about how service happened in an old partition case?
A partition decree only clears title as to the owners who were served; an unserved owner’s interest can survive the judgment.
Is service by publication treated differently from service by summons for binding purposes?
No. The section treats either method as valid service; what matters for binding effect is whether the party was served, not which method was used.
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
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