If the defendant, or any one of several defendants, shall appear and disclaim all title, lien, and interest adverse to the plaintiff, such defendant shall recover costs. In other cases the costs shall abide the final decree, judgment or order in the action.
§ 25-21,119.Costs.
Article 21: Special Proceedings and Actions · Last amended 1921 · Last verified July 22, 2026
In one sentenceThis section awards costs to a defendant in a Nebraska quiet title case who appears and disclaims every adverse claim, and otherwise lets costs follow whatever final decree, judgment, or order the case produces.
Full Text of § 25-21,119
Source
Laws 1921, c. 130, § 8, p. 542; C.S.1922, § 5683; C.S.1929, § 76-408; R.S.1943, § 25-21,119.
Plain-English Summary
Section 25-21,119 handles costs with a rule that rewards candor. If a defendant, or any one of several defendants, appears in the case and disclaims all title, lien, and interest adverse to the plaintiff, that defendant recovers costs. Someone who never had, or no longer presses, a competing claim is not penalized for having been named in the suit.
Every other situation follows a different path: the costs abide the final decree, judgment, or order in the action, meaning the outcome of the case itself decides who bears them, rather than a fixed rule set in advance.
Frequently Asked Questions
Does a defendant who admits having no claim to the property have to pay costs?
No. Under section 25-21,119, a defendant who appears and disclaims all title, lien, and interest adverse to the plaintiff recovers costs instead of paying them.
What happens to costs if a defendant contests the plaintiff’s quiet title claim?
The costs abide the final decree, judgment, or order in the action, meaning the case’s outcome determines how costs are allocated.
Does this disclaimer rule apply when there are several defendants?
Yes. Any one of several defendants who appears and disclaims all adverse title, lien, and interest recovers costs, regardless of how the others respond.
Is there a set formula for costs in a contested quiet title case?
No. Section 25-21,119 leaves contested cases to follow whatever the final decree, judgment, or order provides.
Why would a named defendant want to disclaim an interest they never claimed?
Disclaiming lets that defendant avoid contesting the case and recover costs rather than risk being treated the same as a defendant who fights and loses.
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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