Nebraska § 76-241 - Deeds and other instruments; when not lawfully recorded.
Full text of Nebraska Revised Statutes of Nebraska § 76-241 — Deeds and other instruments; when not lawfully recorded., with citation guidance and answers to common questions.
§ 76-241. Deeds and other instruments; when not lawfully recorded.
All deeds, mortgages and other instruments of writing shall not be deemed lawfully recorded unless they have been previously acknowledged or proved in the manner prescribed by statute.
Extension agreements involved were not eligible to record, but binding nevertheless on parties having actual knowledge thereof. Steeves v. Nispel, 132 Neb. 597, 273 N.W. 50 (1937).
Where instrument, through which person claimed lien was not acknowledged or proved in manner prescribed by recording acts, although recorded, it did not operate as constructive notice. Dawson County State Bank v. Durland, 114 Neb. 605, 209 N.W. 243 (1926); Warnick v. Latta, 44 Neb. 807, 62 N.W. 1097 (1895); Keeling v. Hoyt, 31 Neb. 453, 48 N.W. 66 (1891).
Assignee of junior encumbrancer is given priority over senior encumbrancer only in case his assignment is in registerable form and recorded before senior encumbrancer. Rumery v. Loy, 61 Neb. 755, 86 N.W. 478 (1901).
Section applies also to assignments for benefit of creditors. Heelan v. Hoagland, 10 Neb. 511, 7 N.W. 282 (1880).
Acknowledgment showing appearance and acknowledgment by mortgagee but not of mortgagor, was fatally defective. Troyer v. Mundy, 60 F.2d 818 (8th Cir. 1932).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 76-241
What does Revised Statutes of Nebraska § 76-241 cover?
Section 76-241 ("Deeds and other instruments; when not lawfully recorded.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 76-241?
A common citation format is "Revised Statutes of Nebraska § 76-241" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 76-241 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.