2017 Nebraska Revised Statutes
Chapter 57 - MINERALS, OIL, AND GAS
57-205 Forfeited lease; lessee's failure to execute surrender; remedy of lessor.
Forfeited lease; lessee's failure to execute surrender; remedy of lessor.
Should the owner of such lease neglect or refuse to execute a surrender as provided in section 57-201, then the owner of the leased premises may sue in any court of competent jurisdiction to obtain such surrender, and he may also recover in such action of the lessee, his successors or assigns, the sum of one hundred dollars as damages, and all costs, together with a reasonable attorney's fee for preparing and prosecuting the suit, and any additional damages that the evidence in the case will warrant. In all such actions, writs of attachment may issue as in other cases.
- Laws 1925, c. 133, § 2, p. 351;
- C.S.1929, § 57-202;
- R.S.1943, § 57-205.
Remedy providing for cancellation of lease is in equity. Long v. Magnolia Petroleum Co., 166 Neb. 410, 89 N.W.2d 245 (1958).