25-21,115 Adverse claims; liens of record; how pleaded. - Nebraska Statutes

25-21,115. Adverse claims; liens of record; how pleaded.It shall be sufficient to allege generally in the complaint that the defendants claim or appear to have some interest in, right or title to, or lien upon the real estate or a part thereof; and it is not necessary to allege the nature of any adverse claim or that the value of plaintiff's title or estate is lessened thereby. No lien of record or mortgage of record, however, shall be affected by such action unless it is particularly described, and payment or other legal reason for its cancellation, or that it is barred by limitation, is specifically alleged. SourceLaws 1921, c. 130, § 4, p. 541; C.S.1922, § 5679; C.S.1929, § 76-404; R.S.1943, § 25-21,115; Laws 2002, LB 876, § 46. AnnotationsAllegation that judgment was dormant and barred by lapse of time was sufficient. Hein v. W. T. Rawleigh Co., 167 Neb. 176, 92 N.W.2d 185 (1958).Allegations of cross-petition in suit to quiet title were sufficient to raise issue of mutual mistake. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).It is sufficient to allege title generally in plaintiff and that defendant claims some interest in the land. Wells v. Tietge, 143 Neb. 230, 9 N.W.2d 180 (1943).Quieting title suit may be maintained even though only matter in dispute is proper location of division line between adjoining tracts. Morse v. Cochran, 131 Neb. 424, 268 N.W. 307 (1936).