§ 25-2185.Sale of property; notice; procedure.
Article 21: Special Proceedings and Actions · Last amended 1917 · Last verified July 22, 2026
Full Text of § 25-2185
Source
R.S.1867, Code § 817, p. 539; R.S.1913, § 8300; Laws 1917, c. 142, § 1, p. 328; C.S.1922, § 9253; C.S.1929, § 20-2185; R.S.1943, § 25-2185.
Cross References
Plain-English Summary
Rather than write a fresh notice-and-procedure scheme for partition sales, section 25-2185 borrows one already on the books: the notice required for lands sold on execution by the sheriff. Anyone who has followed a sheriff’s execution sale will recognize the requirements — public notice describing the property and the terms of sale.
The sale itself follows that same procedure, with one carve-out: the place where a partition sale happens is governed by the rule set out earlier in this article, not the execution-sale rule, since partition sales can span county lines depending on where the land sits. Nebraska’s execution-sale statutes, sections 25-1527 through 25-1541, supply the mechanics this section borrows.
Frequently Asked Questions
What notice does a partition sale require?
The same notice required for lands sold on execution by the sheriff.
Is a partition sale conducted differently from a sheriff’s execution sale?
No. Aside from where it is held, the sale follows the same procedure as an execution sale.
Why is the place of sale treated differently?
Because partition sales can involve land in more than one county, this article’s own rule on sale location controls instead of the execution-sale rule.
Where do the execution-sale procedures referenced here come from?
Who gives the required notice?
The referee conducting the sale follows this notice procedure before the sale can proceed.
Does this section change who can bid at a partition sale?
No. It addresses notice and procedure by borrowing the execution-sale framework, not bidding rules.