If the statements in the complaint are not denied in the answer or contradicted by the documentary proof exhibited, they shall be taken as true.
§ 25-2178.Pleadings; when taken as true.
Article 21: Special Proceedings and Actions · Last amended 2002 · Last verified July 22, 2026
In one sentenceThis section treats the statements in a partition complaint as true whenever the answer does not deny them and the documentary proof filed in the case does not contradict them.
Full Text of § 25-2178
Source
R.S.1867, Code § 810, p. 539; R.S.1913, § 8293; C.S.1922, § 9246; C.S.1929, § 20-2178; R.S.1943, § 25-2178; Laws 2002, LB 876, § 43.
Plain-English Summary
Section 25-2178 rewards a complaint that goes unchallenged. If the statements it makes about the property and the parties’ interests are not denied in the answer, and are not contradicted by the documentary proof exhibited under section 25-2177, the court takes those statements as true.
This works as a shortcut for undisputed ground. A partition case does not need to relitigate every fact the parties already agree on, whether through an express admission or through failing to dispute it at all. Only statements that remain contested — denied in the answer or undercut by conflicting title proof — need to be resolved through further proceedings.
Frequently Asked Questions
What happens to complaint statements that no one denies in the answer?
They are taken as true.
Can documentary proof override an undenied statement in the complaint?
Yes. If the documentary proof exhibited contradicts a statement, it is not taken as true.
Does a party have to deny every allegation to keep it from being accepted as true?
Only allegations left undenied, and not contradicted by title proof, are taken as true.
How does this section connect to the documentary proof requirement in section 25-2177?
That proof supplies the contradicting evidence, if any, that can keep an undenied statement from being taken as true.
Does this section apply to the whole complaint or just certain statements?
It applies to the statements in the complaint generally, so far as they go undenied and uncontradicted.
Why include a rule that treats undenied statements as true?
It narrows the partition case to facts that remain disputed instead of requiring proof of every point.
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
Also known as: undenied allegations taken as true partitionpartition complaint admissions nebraskadocumentary proof contradicts complaintsection 25-2178 nebraskapartition pleading effect nebraska