25-2191. Encumbrances; objection of owner to payment; procedure; notice.

If the owner objects to the payment of such encumbrance, the money shall be retained or invested by order of the court to await final action in relation to its disposition, and notice thereof shall be forthwith given to the encumbrancer, unless he has already been made a party.

Source:R.S.1867, Code § 824, p. 540; R.S.1913, § 8307; C.S.1922, § 9259; C.S.1929, § 20-2191; R.S.1943, § 25-2191.

Annotations

Encumbrancer may be a proper but not a necessary party. Hartman v. Drake, 166 Neb. 87, 87 N.W.2d 895 (1958).