Nebraska Revised Statute 76-307

Chapter 76 Section 307


Decree of eviction; rights of better title holder.

If upon the final hearing there shall be found a balance in favor of the occupant or unsuccessful claimant, the person proving the better title may either demand of the occupant or claimant the value of the real estate without improvements, as shown by the appraisement, and tender a general warranty deed for the real estate in question to such occupant or claimant or he may pay into court the balance so found due such occupant or claimant within such time as the court shall allow in its final decree.


  • Laws 1883, c. 59, § 7, p. 253;
  • R.S.1913, § 6261;
  • C.S.1922, § 5671;
  • C.S.1929, § 76-307;
  • R.S.1943, § 76-307.


  • Unsuccessful occupant cannot be ousted until owner has made election. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899).