In taking such proof he may receive, with other evidence, the affidavit of the parties interested.
§ 25-2189.Encumbrances; evidence before referee.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section allows the referee investigating an encumbrance on partitioned land to accept the interested parties’ own affidavits, along with any other evidence offered, when determining how much the encumbrance amounts to.
Full Text of § 25-2189
Source
R.S.1867, Code § 822, p. 540; R.S.1913, § 8305; C.S.1922, § 9257; C.S.1929, § 20-2189; R.S.1943, § 25-2189.
Plain-English Summary
Section 25-2189 keeps the encumbrance inquiry practical rather than formal. In taking proof of an encumbrance’s amount, the referee may receive the affidavit of an interested party as evidence, alongside whatever other evidence is offered.
Letting sworn statements from the parties themselves count as evidence spares everyone the expense of a full evidentiary hearing over what often amounts to no more than an accounting question — how much is still owed on a mortgage or a lien.
Frequently Asked Questions
Can a party prove an encumbrance’s amount just by submitting an affidavit?
Yes. The referee may receive a party’s affidavit as evidence, along with other evidence.
Is an affidavit the only evidence the referee can consider?
No. The statute allows affidavits along with other evidence, so the referee is not limited to sworn statements alone.
Why allow affidavits here instead of requiring live testimony?
It keeps the encumbrance inquiry efficient, since establishing the amount owed is often a matter of documentation rather than disputed fact.
Whose affidavits can the referee accept?
Those of the parties interested in the encumbrance proceeding.
Does accepting an affidavit stop a party from offering other proof too?
No. The section allows affidavits alongside other evidence, not affidavits to the exclusion of it.
What does the referee do with this evidence once gathered?
Uses it to determine the encumbrance’s amount and reports the finding to the court, as the surrounding sections in this article describe.
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: affidavit evidence encumbrance refereeproof of mortgage amount partitionreferee evidence rules partition nebraskaencumbrance hearing evidenceinterested party affidavit encumbrance