Each of the parties appearing, whether as plaintiff or defendant, must exhibit
his documentary proof of title, if he has any, and must file the same, or copies thereof, with the clerk.
§ 25-2177.Trial; proof.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires each party appearing in a partition action, whether plaintiff or defendant, to exhibit whatever documentary proof of title they have and to file that proof, or copies of it, with the clerk.
Full Text of § 25-2177
Source
R.S.1867, Code § 809, p. 539; R.S.1913, § 8292; C.S.1922, § 9245; C.S.1929, § 20-2177; R.S.1943, § 25-2177.
Cross References
Abstracts of title, when used as evidence, see section 25-1292.
Plain-English Summary
Section 25-2177 puts a documentation burden on every appearing party in a partition case, not only the plaintiff. Whoever appears, whether as plaintiff or defendant, must produce whatever documentary proof of title supports their claimed interest, if such proof exists at all.
That proof cannot merely be shown at a hearing; it has to be filed with the clerk, either as the original documents or as copies. Filing creates a record the court and other parties can rely on when the shares and interests in the property get sorted out. A cross reference in the statute points to section 25-1292, which governs when abstracts of title can be used as evidence.
Frequently Asked Questions
Who has to produce documentary proof of title in a partition case?
Every appearing party, whether plaintiff or defendant.
What happens to the documentary proof once it is produced?
It, or copies of it, must be filed with the clerk.
What if a party has no documentary proof of title to offer?
The requirement to exhibit proof applies only to proof the party holds.
Does this section address abstracts of title as evidence?
The statute cross-references section 25-1292, which governs abstracts of title used as evidence.
Can a party rely on oral testimony alone instead of documentary proof?
Section 25-2177 specifically calls for documentary proof where it exists, filed with the clerk.
Why does the statute require filing proof with the clerk rather than presenting it only at trial?
It creates an accessible record for the court and other parties as shares and interests are settled.
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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