Nebraska Revised Statute 25-1504

Chapter 25 Section 1504

25-1504.

Lien of judgment; when attaches; lands within county where entered; other lands; chattels.

The lands and tenements of the debtor within the county where the judgment is entered, shall be bound for the satisfaction thereof only from the day on which such judgments are rendered. All other lands, as well as goods and chattels of the debtor, shall be bound from the time they shall be seized in execution; Provided, that a judgment shall be considered as rendered when such judgment has been entered on the judgment record.

Source

  • R.S.1867, Code § 477, p. 473;
  • R.S.1913, § 8045;
  • C.S.1922, § 8986;
  • Laws 1927, c. 59, § 1, p. 221;
  • Laws 1929, c. 83, § 3, p. 333;
  • C.S.1929, § 20-1504;
  • R.S.1943, § 25-1504.

Annotations

  • 1. Priority

  • 2. When attaches

  • 3. Other lands

  • 1. Priority

  • Lien of a prior judgment attaches the instant the judgment debtor acquires property. Glissmann v. McDonald, 128 Neb. 693, 260 N.W. 182 (1935).

  • Against subsequent purchaser, judgment is not a lien until properly indexed. German Nat. Bank of Beatrice v. Atherton, 64 Neb. 610, 90 N.W. 550 (1902).

  • Judgment is a lien on interest of vendor who has not yet given deed. Doe v. Startzer, 62 Neb. 718, 87 N.W. 535 (1901).

  • Lien on subsequently purchased land attaches as soon as title vests in debtor. Lessert v. Sieberling, 59 Neb. 309, 80 N.W. 900 (1899).

  • Lien is inferior to inchoate right of dower. Butler v. Fitzgerald, 43 Neb. 192, 61 N.W. 640 (1895).

  • Judgment lien is inferior to prior unrecorded deed. Pearson v. Davis, 41 Neb. 608, 59 N.W. 885 (1894).

  • Prior unrecorded deed made in good faith is superior, if recorded before deed based on judgment. Harral & Ure v. Gray, 10 Neb. 186, 4 N.W. 1040 (1880).

  • Judgment is not a specific lien, but is a general lien subject to all prior liens legal or equitable. Metz v. State Bank of Brownville, 7 Neb. 165 (1878).

  • Creditor of national bank, suing after insolvency but before appointment of receiver, is not entitled to judgment lien on bank's real estate. Steel v. Randall, 19 F.2d 40 (8th Cir. 1927).

  • 2. When attaches

  • A lien on personal property is acquired at the time the property is seized in execution. Credit Bureau of Broken Bow, Inc. v. Moninger, 204 Neb. 679, 284 N.W.2d 855 (1979).

  • A manual interference with chattels is not essential to a valid levy thereon. It is sufficient if the property is present and subject for the time being to the control of the officer holding the writ, if the officer in express terms asserts his dominion over the property by virtue of such writ. Credit Bureau of Broken Bow, Inc. v. Moninger, 204 Neb. 679, 284 N.W.2d 855 (1979).

  • A judgment of the district court becomes a lien against real estate in that county from the time of its entry on the judgment record, and the judgment first entered is superior. Pontiac Improvement Co. v. Leisy, 144 Neb. 705, 14 N.W.2d 384 (1944).

  • A judgment becomes dormant and ceases to be a lien on real estate in five years from date thereof unless execution is sued out within such period, and a judgment revived is a lien on the real estate of judgment debtor from date of the order of revivor. Glissmann v. Happy Hollow Club, 132 Neb. 223, 271 N.W. 431 (1937).

  • To constitute sufficient levy, officer should have property under his control and openly and expressly assert dominion over it by virtue of writ, and where debtor promised to surrender automobile for purpose of levy, seizure of it at later date was not a sufficient levy as of time of promise. Miller v. Crosson, 131 Neb. 88, 267 N.W. 145 (1936).

  • Judgment in equity case affirmed on appeal is lien on debtor's land in county where rendered from date of rendition. Guaranty Fund Commission v. Teichmeier, 119 Neb. 387, 229 N.W. 121 (1930).

  • Federal court judgments are liens on real estate only in county where rendered; in other counties are liens where transcript filed and entered on judgment record. Rathbone Co. v. Kimball, 117 Neb. 229, 220 N.W. 244 (1928).

  • Lien of judgment is not perpetual and is subject to the limitations contained in the code. Glenn v. Glenn, 79 Neb. 68, 112 N.W. 321 (1907).

  • Lien on amount due vendor, who retains legal title, commences at date of filing judgment. First Nat. Bank of Falls City v. Edgar, 65 Neb. 340, 91 N.W. 404 (1902).

  • Lien is operative on homestead when abandoned. Horbach v. Smiley, 54 Neb. 217, 74 N.W. 623 (1898).

  • Judgment lien attached only to actual interest of debtor, though legal title in his name. Roberts v. Robinson, 49 Neb. 717, 68 N.W. 1035 (1896).

  • Lien is dependent upon rendition of judgment, and court cannot continue lien upon setting aside of judgment. Farmers Loan & Trust Co. v. Killinger, 46 Neb. 677, 65 N.W. 790 (1896).

  • 3. Other lands

  • Judgment rendered against bank while in hands of state banking authorities or receiver creates no lien upon its real estate as against those in possession. Brownell v. Svoboda, 118 Neb. 76, 223 N.W. 641 (1929).

  • Judgment transcribed from justice court is lien on after acquired property. Jones v. Knosp, 91 Neb. 224, 135 N.W. 1049 (1912).

  • Judgment is not a lien on equitable interest in land. Flint v. Chaloupka, 72 Neb. 34, 99 N.W. 825 (1904).

  • Vendee in possession is bound from time of actual notice. Wehn v. Fall, 55 Neb. 547, 76 N.W. 13 (1898).

  • Bona fide mortgagee of lands, not in name of judgment debtor, is protected. Reed v. Rice, 48 Neb. 586, 67 N.W. 459 (1896).

  • Mortgagor's bankruptcy trustee seeking to set aside mortgage and subsequent deed conveying mortgaged land to mortgagee occupied position of lienholder rather than unsecured creditor. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).