Nebraska § 76-228 - Proof in lieu of acknowledgment; when authorized.
Full text of Nebraska Revised Statutes of Nebraska § 76-228 — Proof in lieu of acknowledgment; when authorized., with citation guidance and answers to common questions.
§ 76-228. Proof in lieu of acknowledgment; when authorized.
If the grantor dies before acknowledgment, or if for any cause his attendance cannot be procured in order to make the same, or, having appeared, he refused to acknowledge it, proof of the execution and delivery of the deed may be made by any competent subscribing witness thereto before any officer authorized to take the acknowledgment. The witness must state, upon oath, his own place of residence, that he set his name to the deed as a witness, that he knew the grantor in such deed, and saw him sign or heard him acknowledge he had signed the same. Such proof shall not be taken unless the officer is personally acquainted with such subscribing witness, or has satisfactory evidence that he is the same person who was a subscribing witness to such deed.
Proof of acknowledgment may be made by subscribing witness. Podewitz v. Gering Nat. Bank, 171 Neb. 380, 106 N.W.2d 497 (1960).
Proof of acknowledged deed made by subscribing witness entitles deed to record. Wilson v. Wilson, 83 Neb. 562, 120 N.W. 147 (1909).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 76-228
What does Revised Statutes of Nebraska § 76-228 cover?
Section 76-228 ("Proof in lieu of acknowledgment; when authorized.") 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 § 76-228?
A common citation format is "Revised Statutes of Nebraska § 76-228" (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 § 76-228 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.