Issues may thereupon be joined and tried between any of the contesting parties,
the question of costs on such issues being regulated between the contestants agreeably to the principles applicable to other cases.
§ 25-2176.Trial; costs.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows contesting parties in a partition action to have issues joined and tried between themselves, with the costs of those particular issues divided among the contestants according to the same principles used to allocate costs in other cases.
Full Text of § 25-2176
Source
R.S.1867, Code § 808, p. 538; R.S.1913, § 8291; C.S.1922, § 9244; C.S.1929, § 20-2176; R.S.1943, § 25-2176.
Plain-English Summary
Partition cases can turn adversarial when co-owners dispute each other’s shares rather than dividing an agreed property outright. Section 25-2176 lets those disputes go forward as their own contested issues. Any of the contesting parties may join issue and try it out, apart from the broader question of how the property itself gets divided.
Costs on those contested issues follow ordinary principles, not a special partition rule. The section directs that costs be regulated between the contestants agreeably to the principles applicable to other cases, so a party who loses a specific factual fight over an interest bears costs the way a losing party would in any other litigation.
Frequently Asked Questions
Can co-owners in a partition case contest each other’s claimed interests at trial?
Yes. Section 25-2176 lets issues be joined and tried between any of the contesting parties.
How are costs handled on a contested issue between partition parties?
They are regulated between the contestants agreeably to the principles applicable to other cases.
Does this section create a special cost rule just for partition disputes?
No. It applies the same principles used in other kinds of cases.
Who bears the costs of a losing argument over an interest in a partition case?
The contestants, following the same principles as other cases, which ordinarily place costs on the losing party.
Does this section apply only between the original plaintiff and defendant?
No. It covers issues joined and tried between any of the contesting parties.
How does this section relate to section 25-2174’s supplemental pleading provision?
Section 25-2174 lets defendants raise disputes over interests; this section provides for trying those disputed issues and allocating the resulting costs.
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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