Before proceeding to sell, the referee or referees shall each give security, to be fixed by the court and to be approved by the clerk of said court or the judge thereof, conditioned for the faithful discharge of his duties. At any time thereafter the court may require further and better security.
§ 25-2184.Referees; bond; conditions; further security.
Article 21: Special Proceedings and Actions · Last amended 1917 · Last verified July 22, 2026
In one sentenceThis section requires each referee handling a partition sale to post security, approved by the clerk or judge, guaranteeing faithful performance of the referee’s duties before any sale can go forward, and lets the court demand more security later on.
Full Text of § 25-2184
Source
R.S.1867, Code § 816, p. 539; R.S.1913, § 8299; Laws 1917, c. 141, § 1, p. 327; C.S.1922, § 9252; C.S.1929, § 20-2184; R.S.1943, § 25-2184.
Plain-English Summary
Before a referee can turn a court’s sale order into an actual sale, section 25-2184 requires the referee to post security first. Each referee gives security fixed by the court and approved by the clerk of the court or the judge, conditioned on faithfully carrying out the referee’s duties. That bond protects the parties to the partition action against a referee who mishandles sale proceeds or otherwise falls short of the job.
The court is not locked into whatever security level it set at the outset. At any point afterward, the court may require the referee to furnish further and better security, giving it a continuing check on the referee’s reliability as the sale moves forward.
Frequently Asked Questions
Does a referee need to post a bond before selling partitioned land?
Yes. Each referee must give security approved by the clerk or the judge before proceeding to sell.
What does the bond protect against?
It is conditioned on faithful discharge of the referee’s duties, guarding the parties against mishandling of the sale or its proceeds.
Who sets the amount of security?
The court fixes the amount, subject to approval by the clerk or the judge.
Can the court demand more security after the sale is already underway?
Yes. The court may require further and better security at any time.
Does every referee need to post security individually?
Yes. The statute says each referee gives security, so with more than one referee, each posts a bond.
What happens if the security a referee offers falls short?
The court can order further and better security, since its authority to demand more is not limited to the outset of the proceeding.
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: referee bond partition sale nebraskasecurity for referee dutiesfurther security court orderpartition referee faithful dischargeclerk approved referee bond