If the sales are disapproved the money paid and the securities given must be returned to the persons respectively entitled thereto.
§ 25-2199.Disapproval of sale; refund.
Article 21: Special Proceedings and Actions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the return of both the purchase money paid and any security given whenever a court disapproves a partition sale, so a rejected sale leaves the buyer and any security-holders back where they started.
Full Text of § 25-2199
Source
R.S.1867, Code § 832, p. 541; R.S.1913, § 8315; C.S.1922, § 9267; C.S.1929, § 20-2199; R.S.1943, § 25-2199.
Plain-English Summary
Not every partition sale survives the court’s review. Section 25-2199 covers what happens when the court disapproves one: the money paid and the securities given in connection with that sale must be returned to the persons respectively entitled to them.
The section fits with the safeguards built into the rest of this article — a purchaser who paid money or posted security in reliance on a sale that the court ultimately rejects does not get left holding the loss. Disapproval unwinds the transaction financially, restoring the purchase money and security to whoever provided them.
Frequently Asked Questions
What happens to my payment if the court disapproves the partition sale?
The money you paid must be returned to you.
Does this section cover security given as part of the sale, or only cash payments?
Both — it requires the return of the money paid and any securities given.
Who decides whether to approve or disapprove a partition sale?
The court reviews the sale, drawing on the referee’s report described elsewhere in this article, before approving or disapproving it.
Who receives the returned money and securities?
The persons respectively entitled to them — typically the purchaser and anyone else who furnished security in connection with the sale.
Does disapproval of one sale affect other parcels sold in the same partition action?
This section addresses the sales that are disapproved; approved sales proceed to conveyance under the earlier sections in this article.
Is there a separate process for disapproved sales beyond the refund?
This section’s focus is the refund obligation; broader consequences, such as a resale, flow from the court’s general authority over the partition proceeding.
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: disapproved partition sale refundreturn of purchase money nebraskacourt rejects partition salesecurity returned disapproved salerefund after sale disapproval