2017 Nebraska Revised Statutes
Chapter 76 - REAL PROPERTY
76-203 Deed, defined.

Universal Citation: NE Code § 76-203 (2017)

76-203. Deed, defined.

The term deed, as used in sections 76-201 to 76-281 and 76-2,126, shall be construed to embrace every instrument in writing by which any real estate or interest therein is created, aliened, mortgaged, or assigned or by which the title to any real estate may be affected in law or equity, except last wills and leases for one year or for a less time.

Source

  • R.S.1866, c. 43, § 51, p. 291;
  • R.S.1913, § 6189;
  • C.S.1922, § 5588;
  • C.S.1929, § 76-103;
  • R.S.1943, § 76-203;
  • Laws 2012, LB536, § 28.

Annotations

  • A postnuptial agreement may operate as a legal conveyance of real estate in Nebraska. Jorgensen v. Crandell, 134 Neb. 33, 277 N.W. 785 (1938).

  • Assignment of real estate mortgage comes within above definition. Mulligan v. Snavely, 117 Neb. 765, 223 N.W. 8 (1929); Ames v. Miller, 65 Neb. 204, 91 N.W. 250 (1902).

  • Lease for a fixed and definite period is not a sale of real estate, and does not operate as deed. Lindburg v. Bennett, 117 Neb. 66, 219 N.W. 851 (1928).

  • Contract for sale of homestead was instrument which required acknowledgment. Solt v. Anderson, 71 Neb. 826, 99 N.W. 678 (1904).

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