If the sales aforesaid are approved and confirmed, an order shall be entered directing the referee or referees, or a majority thereof, to execute conveyances pursuant to such sales. But no conveyance can be made until all the money is paid, without receiving from the purchaser a mortgage of the land so sold, or other equivalent security.
§ 25-2196.Order of conveyance; when made; purchase money security.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section directs the court, once it approves and confirms a partition sale, to order the referee or referees to convey the property to the buyers, and bars any conveyance before full payment unless the purchaser gives a mortgage or other equivalent security for the balance.
Full Text of § 25-2196
Source
R.S.1867, Code § 829, p. 540; R.S.1913, § 8312; C.S.1922, § 9264; C.S.1929, § 20-2196; R.S.1943, § 25-2196.
Plain-English Summary
Approval and confirmation of a partition sale is not the finish line — the buyer still needs a conveyance to hold clear title. Section 25-2196 handles that step: once the court approves and confirms the sales, it enters an order directing the referee or referees, or a majority of them, to execute conveyances carrying out those sales.
The section also guards against handing over title before the purchase money is paid in full. No conveyance can happen until all the money is paid, unless the purchaser instead gives the referees a mortgage on the land, or other equivalent security, standing in for full payment. That security-in-lieu-of-cash option lets a sale close without forcing every dollar to change hands up front, while still protecting the parties entitled to the proceeds.
Frequently Asked Questions
What has to happen before the court orders a conveyance to the buyer?
The court must approve and confirm the sale.
Who executes the conveyance once the court orders it?
The referee or referees, or a majority of them if more than one was appointed.
Can a buyer get title before paying the full purchase price?
Only if the buyer gives a mortgage on the land, or other equivalent security, in place of full payment.
What happens if the buyer pays everything up front?
The conveyance can proceed once the money is fully paid.
Why allow security instead of requiring full cash payment?
It lets a sale close and title transfer without demanding immediate full payment, so long as the parties entitled to the proceeds have equivalent protection through a mortgage or similar security.
Does this section address what happens if the court does not approve the sale?
No. A separate section in this article covers disapproved sales and the return of money and securities.
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: order directing conveyance partition salepurchase money mortgage securityconfirming partition sale conveyancereferee executes conveyance nebraskapartition sale full payment requirement