25-1533. Sale upon execution; deed to purchaser; form; estate conveyed.
The deed shall be sufficient evidence of the legality of such sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned as was vested in the party at or after the time when such lands and tenements became liable to the satisfaction of the judgment. Such deed of conveyance to be made by the sheriff or other officer, shall recite the execution or executions, or the substance thereof, and the names of the parties, the amount, and the date of term of rendition of each judgment, by virtue whereof the said lands and tenements were sold as aforesaid; and shall be executed, acknowledged and recorded as is or may be provided by law, to perfect the conveyance of real estate in other cases.
Source
Annotations
1. Deed to purchaser
2. Estate conveyed
3. Miscellaneous
1. Deed to purchaser
Sheriff's deed is prima facie evidence of validity of judgment. Everson v. State, 66 Neb. 154, 92 N.W. 137 (1902).
The office of description in sheriff's deed is not to identify lands but to provide means of identification. Abbott v. Coates, 62 Neb. 247, 86 N.W. 1058 (1901).
Imperfect recitals in sheriff's deed of the facts required in this section do not render deed void. Lamb v. Sherman, 19 Neb. 681, 28 N.W. 319 (1886).
2. Estate conveyed
Purchaser of real property at judicial sale buys at his peril. Hitchcock County v. Cole, 80 Neb. 375, 114 N.W. 276 (1907).
Grantee of a purchaser at a judicial sale may in proper case have a writ of assistance to place him in possession. Clark & Leonard Inv. Co. v. Lindgren, 76 Neb. 59, 107 N.W. 116 (1906).
If record discloses that court had no jurisdiction party cannot claim to be bona fide purchaser. Albers v. Kozeluh, 68 Neb. 522, 94 N.W. 521 (1903), affirmed on rehearing 68 Neb. 529, 97 N.W. 646 (1903).
Every right and interest of parties to action is transferred by sale. Hart v. Beardsley, 67 Neb. 145, 93 N.W. 423 (1903).
Purchaser is entitled to rents, from date of deed. Clark v. Missouri, Kansas & Texas Trust Co., 59 Neb. 53, 80 N.W. 257 (1899).
Water power, race, etc., pass with sheriff's deed. Hoover v. Hale, 56 Neb. 67, 76 N.W. 457 (1898).
Deed conveys only the estate which a quitclaim deed from the execution debtor to purchaser would have conveyed. Peterborough Savings Bank v. Pierce, 54 Neb. 712, 75 N.W. 20 (1898).
Deed based on sale for husband's debt does not bar wife of dower. Butler v. Fitzgerald, 43 Neb. 192, 61 N.W. 640 (1895).
Tenant, who pending action of foreclosure takes a lease of premises, is charged with notice of suit. McLean v. McCormick, 4 Neb. Unof. 187, 93 N.W. 697 (1903).
Purchaser at execution sale is entitled to all crops planted after confirmation. Jaques v. Dawes, 3 Neb. Unof. 752, 92 N.W. 570 (1902).
3. Miscellaneous
Upon confirmation of judicial sale and delivery of the deed to the purchaser, legal title to the land passes from the previous landowner to the purchaser. Nuttelman v. Julch, 228 Neb. 750, 424 N.W.2d 333 (1988).
Wild hay cut after sale and before confirmation did not pass to purchaser. Yeazel v. White, 40 Neb. 432, 58 N.W. 1020 (1894).