Upon entering such judgment the court shall appoint a referee or referees, not exceeding three in number, to make partition into the requisite number of shares.

Source:R.S.1867, Code § 812, p. 539; Laws 1905, c. 178, § 1, p. 671; R.S.1913, § 8295; C.S.1922, § 9248; C.S.1929, § 20-2180; R.S.1943, § 25-2180.

Annotations

Under this section, the court is required to appoint at least one referee. In re Estate of McKillip, 284 Neb. 367, 820 N.W.2d 868 (2012).

Referee in partition is an officer of the court. Knouse v. Knouse, 157 Neb. 748, 61 N.W.2d 388 (1953).

Referee in partition is an officer of the court subject to its lawful orders and directions. Siekert v. Soester, 144 Neb. 321, 13 N.W.2d 139 (1944).

Referees in first instance determine practicability of partition. Burke v. Cunningham, 42 Neb. 645, 60 N.W. 903 (1894).

Court may also appoint referee to make accounting. Mills v. Miller, 3 Neb. 87 (1873).