The court in its discretion may require all or any of the parties, before they receive the money arising from any sale authorized in sections 25-2170 to 25-21,111, to give satisfactory security to refund such money with interest, in case it afterward appears that such parties were not entitled thereto.
§ 25-2195.Security for refund.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section gives a Nebraska court discretion to require any party receiving money from a court-authorized partition sale to post security guaranteeing repayment, with interest, if it later turns out that party was not entitled to the money.
Full Text of § 25-2195
Source
R.S.1867, Code § 828, p. 540; R.S.1913, § 8311; C.S.1922, § 9263; C.S.1929, § 20-2195; R.S.1943, § 25-2195.
Plain-English Summary
Distributing sale proceeds in a partition action carries a risk: what if it later turns out the recipient was not entitled to that share? Section 25-2195 gives the court a tool to guard against that risk before the money changes hands. The court may, in its discretion, require any or all of the parties to give satisfactory security before receiving proceeds from a sale authorized under this article.
That security has to cover more than the bare principal — it must guarantee a refund of the money with interest if it later appears the party was not entitled to it. The requirement applies to sales authorized under the broad span of sections 25-2170 through 25-21,111, covering the partition proceedings this article sets out.
Frequently Asked Questions
Does every party receiving partition sale proceeds have to post security?
Not automatically; the court has discretion to require it of all or any of the parties.
What does the security have to cover?
A refund of the money received, with interest, if it later turns out the party was not entitled to it.
When would a court require this security?
When there is some question about entitlement that might surface after distribution, giving the court reason to protect against having to claw back money later.
Which sales does this section apply to?
Who decides how much security is satisfactory?
The court, exercising its discretion under this section.
What happens if a party will not post required security?
The statute conditions receipt of the money on giving satisfactory security, so the court can withhold distribution until that requirement is met.
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: security for refund partition salerefund money with interest nebraskacourt discretion partition securityguaranteeing repayment sale proceedspartition sale distribution safeguard