Such conveyances so executed, being recorded in the county where the premises are situated, shall be valid against all subsequent purchasers, and also against all persons interested at the time who were made parties to the proceedings in the mode pointed out by law.
§ 25-2197.Conveyances; valid against subsequent purchasers and parties to action.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes a recorded referee’s conveyance from a partition sale binding on later purchasers of the property and on everyone who had an interest at the time and was properly made a party to the partition action.
Full Text of § 25-2197
Source
R.S.1867, Code § 830, p. 540; R.S.1913, § 8313; C.S.1922, § 9265; C.S.1929, § 20-2197; R.S.1943, § 25-2197.
Plain-English Summary
A conveyance executed under the preceding section gains its full legal force through recording. Section 25-2197 states that once such a conveyance is recorded in the county where the land sits, it stands valid against all subsequent purchasers — anyone who later tries to buy or claim an interest in the property cannot defeat the referee’s conveyance.
The same recorded conveyance also binds everyone who held an interest in the property at the time of the partition action and was made a party to it in the manner the law requires. That combination gives buyers at a partition sale confidence that their recorded title holds up both against later claimants and against the very parties whose land was being divided or sold.
Frequently Asked Questions
What makes a referee’s conveyance from a partition sale effective against later buyers?
Recording it in the county where the land is located.
Does recording the conveyance protect against claims from people who had an interest in the land during the case?
Yes, as long as they were made parties to the proceedings in the manner the law requires.
What if someone with an interest was not properly made a party to the case?
This section binds only persons who were made parties in the mode pointed out by law, so it does not reach interested parties left out of the proceedings.
Why does recording matter so much here?
It is the act that triggers the conveyance’s validity against subsequent purchasers and interested parties under this section.
Who executes the conveyance this section makes binding?
The referee or referees who carried out the sale under the preceding section’s order.
Does this section affect the buyer’s obligation to pay for the property?
No. That is addressed by the preceding section on when a conveyance may be made and what security a purchaser may substitute for full payment.
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: recorded conveyance partition sale nebraskavalid against subsequent purchaserspartition sale binds parties to actionreferee deed recording effecttitle from partition sale