IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) COMPLAINT IN PARTITION
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
COMES NOW, the Plaintiff and for his/her cause of action against the Defendants, alleges and states as follows:
1. The Plaintiff is adult and does hereby subject himself to the jurisdiction of the State of Nebraska and this Court.
2. That the Defendants are adults and are either residents of the State of Nebraska or are owners of real estate in the State of Nebraska and are, therefore, under the jurisdiction of this Court.
3. That the real estate which is the subject of this Petition is described as follows:
[Specifically describe the real estate. Can be listed in tracts so as not to bunch real estate description together]
4. That the Plaintiff is the owner of an undivided one-fifth interest in the aforedescribed real property.
5. That the Defendant A is the owner of an undivided one-fifth interest in the aforedescribed real property.
6. That the Defendant B is the owner of an undivided one-fifth interest in the aforedescribed real property.
7. That the Defendant C is the owner of an undivided one-fifth interest in the aforedescribed real property.
8. That the Defendant D is the owner of an undivided one-fifth interest in the aforedescribed real property.
9. That the Defendant A is a single person; that the Defendant BB is the wife of Defendant B; that the Defendant CC is the wife of Defendant C; and that the Defendant DD is the wife of Defendant D.
10. That the Defendant BB, CC, and DD have no interest in the subject real estate other than a marital interest that they may allege herein.
11. That the Defendant, Tenant 1, is a tenant in possession of the real property, located in Tract 3, Tract 4 and part of Tract 2.
12. That the Plaintiff currently resides in the house located on the subject real estate described as Tract 5 [OPTIONAL]
13. That the Defendant, Tenant 2, is a tenant in possession of the house and buildings on the real property described in Tract 1.
14. That John Doe and Jane Doe, real names unknown, are the tenants in possession of Tract 1 and Tract 2.
15. That the Defendant, Oil Company 1, may claim an interest to Tract 4 pursuant to an Oil and Gas Lease recorded on [date] in Book ___ at Page ___ of the Miscellaneous Records of the Register of Deeds for ______County, Nebraska. That the Defendant, Oil Company 2 , may claim an interest to Tract 2 pursuant to an Oil and Gas Lease recorded on [date] in Book ___ at Page ___ of the Miscellaneous Records of the Register of Deeds for ______County, Nebraska.
16. That the Plaintiff is entitled to a partition and requests a partition of the aforedescribed property.
17. That it does not appear that the property is susceptible to a division in kind, without material injury to the rights of the parties, and the sale of the property and the division of proceeds among the owners is necessary.
18. That the Plaintiff be awarded attorney’s fees and costs as provided in Neb. Rev. Stat. §25-21,108.
19. That the real property as described herein consists of agricultural land, a house and outbuildings, which must be utilized by lease or otherwise until partition can be had; therefore, the appointment of a receiver is required.
[OPTIONAL]
WHEREFORE, Plaintiff prays that the Court enter an Order of Judgment for the partition of the real estate as above-described, according to the respective rights and shares of the parties as aforesaid; for the appointment of a Receiver [OPTIONAL]; for the appointment of a Referee; for the sale of the property and the division of the proceeds of the sale among the parties, according to their respective interests; for costs expended herein; for attorney’s fees incurred herein; and for such other and further relief as the Court may deem just and equitable in the premises.
Dated this ___ day of ______, 2017.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
STATE OF NEBRASKA)
:ss.
COUNTY OF ______)
PLAINTIFF, being first duly sworn upon his/her oath, deposes and states that he/she is the Plaintiff in the above and foregoing cause of action; that he/she has read the above and foregoing Complaint, knows the contents thereof and that the facts therein stated are true.
______
PLAINTIFF
SUBSCRIBED in my presence and sworn to before me this ___ day of ______, 2017.
______
Notary Public
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) MOTION FOR SERVICE BY
V. )PUBLICATION
)
DEFENDANT (Owners, Tenants, )[Need Affidavit and Order]
Encumbrances, Liens, John and Jane)[File Proof of Publication with Court]
Doe, Legal Description))
)
Defendants.)
COMES NOW, the Plaintiff by and through their attorney of record, Michael S. Borders, Borders Law Office and hereby move the Court to allow the Plaintiff to serve the Defendants, John Doe and Jane Doe, real and true names unknown, and all persons having or claiming an interest, including any marital interest as a result of being the spouse of any named defendant with regard to the [legal description of property]. After due diligence and inquiry, the whereabouts are unknown to the Plaintiff and the Plaintiff is unable to ascertain and does not know the whereabouts, if in this State, of the residence of the above-named Defendants.
WHEREFORE, Plaintiff prays for an Order for Service by Publication for the above-named Defendants.
RESPECTFULLY SUBMITTED this ___ day of ______, 2017.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) NOTICE FOR PUBLICATION
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)[File Proof of Publication with Court]
Doe, Legal Description))
)
Defendants.)
TO: ALL PERSONS HAVING OR CLAIMING AN INTEREST IN THE ABOVE-DESCRIBED REAL ESTATE
NOTICE IS HEREBY GIVEN that a Complaint for partition of real estate has been filed by the above-named Plaintiff in the District Court of ______County, Nebraska against each and every unknown person having or claiming any interest in the referenced property, described as follows:
[Insert legal description]
The object and prayer of said Complaint is for the partition of the real estate as above-described, according to the respective rights and shares of the parties; for the appointment of a Referee; for the sale of the property and the division of the proceeds of the sale among the parties, according to their respective interests; for costs expended herein; for attorney’s fees incurred herein; and for such other and further relief as the Court may deem just and equitable in the premises.
YOU AND EACH OF YOU have thirty (30) days from [Date] in which to enter your response to this Complaint or judgment will be entered against you. Notice is also hereby given to you that a hearing on this matter is scheduled in the District Court of ______County, Nebraska, [address of court], on the _____ day of ______, 2017 at the hour of ______.m., or as soon thereafter as the matter may be heard.
NOTICE IS ALSO HEREBY GIVEN that a hearing on this matter with regard to the appointment of a Referee is scheduled in the District Court of ______, County, Nebraska located at [address] on the ____ day of ______, 2017.
GOVERN YOUR ACTIONS ACCORDINGLY.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) MOTION FOR SUMMARY JUDGMENT
V. )andDEFAULT JUDGMENT
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
COMES NOW, the Plaintiff and pursuant to Neb. Rev. Stat. §25-1331 through 25-1336 hereby moves the Court to enter summary judgment in favor of the Plaintiff and against the Defendants A, B, BB, C, CC, D and DD as prayed for in the Plaintiff’s Complaint for the reason that there is no genuine issue as to any material fact and said Plaintiffs are entitled to summary judgment as a matter of law. This motion is based upon:
1. Plaintiff’s Complaint;
2. Defendants’ Answers.
Plaintiff also moves the Court to enter default judgment in favor of said Plaintiff and against the Defendants, John Doe and Jane Doe, and all tenants, including Tenant 1, Tenant 2, Oil Company 1 and Oil Company 2; and all persons having or claiming an interest in the above-described real property, as prayed for in the Plaintiff’s Complaint.
Plaintiff moves the Court to appoint [name of attorney you want appointed as Referee] as Referee of this partition action.
RESPECTFULLY SUBMITTED this ___ day of ______, 2017.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
CERTIFICATE OF SERVICE
Pursuant to §6-1105(b), I, the undersigned, do hereby certify that a true and correct copy of the above and foregoing document was served on this ___ day of ______, 2017 via:
___Hand Delivery ___Facsimile: ______
___First Class United States Mail___Electronic Means (pursuant to §6-1111(a)(2))
___Leaving at office/residence ___Other: ______
on the following individual(s):
[Attorneys and Parties of Record]
______
Michael S. Borders
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )NOTICE OF HEARING ON
) MOTION FOR SUMMARY JUDGMENT
V. )and DEFAULT JUDGMENT
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the Plaintiff’s Motion for Summary Judgment and Default Judgment, shall come on for hearing on the ______day of ______, 2017 at the hour of ______.m., or as soon thereafter as counsel may be heard, in the District Courtroom of the ______County Courthouse, [address].
GOVERN YOUR ACTIONS ACCORDINGLY.
Dated this ___ day of ______, 2017.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
CERTIFICATE OF SERVICE
Pursuant to §6-1105(b), I, the undersigned, do hereby certify that a true and correct copy of the above and foregoing document was served on this ___ day of ______, 2017 via:
___Hand Delivery ___Facsimile: ______
___First Class United States Mail___Electronic Means (pursuant to §6-1111(a)(2))
___Leaving at office/residence ___Other: ______
on the following individual(s):
[Attorneys and Parties of Record]
______
Michael S. Borders
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )NOTICE OF HEARING ON
) APPOINTMENT OF REFEREE
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that this matter will come on for hearing on the Appointment of a Referee on the _____ day of ______, 2017 at the hour of ______.m., or as soon thereafter as counsel may be heard, in the District Courtroom of the ______County Courthouse, [address]. The proposed Referee is [Attorney’s name and address who you propose as Referee]. The proposed surety of [Attorney] is [insurance company name and address]. The Plaintiff’s proposed surety is [insurance company name and address].
GOVERN YOUR ACTIONS ACCORDINGLY.
Dated this ___ day of ______, 2017.
PLAINTIFF
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
By: ______
Michael S. Borders, #20955
CERTIFICATE OF SERVICE
Pursuant to §6-1105(b), I, the undersigned, do hereby certify that a true and correct copy of the above and foregoing document was served on this ___ day of ______, 2017 via:
___Hand Delivery ___Facsimile: ______
___First Class United States Mail___Electronic Means (pursuant to §6-1111(a)(2))
___Leaving at office/residence ___Other: ______
on the following individual(s):
[Attorneys and Parties of Record]
______
Michael S. Borders
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) DEFAULT JUDGMENT
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
NOW ON THIS ______day of ______, 2017 the above-captioned matter came before this Court on the Plaintiff’s Motion for Default Judgment against the Defendants and all tenants, including Tenant 1 and Tenant 2; Oil Company 1and Oil Company 2; and all persons having or claiming an interest in the real estate above-described. The Plaintiff was represented by counsel, Michael S. Borders of Borders Law Office. No appearances for the Defendants were made. After hearing statements of counsel and being fully advised of the premises, the Court finds as follows:
1. That the shares and interests of the parties in the various real properties involved in this matter are as stated in the Complaint of the Plaintiff.
2. A partition of the real property shall be made accordingly.
3. The Court has full jurisdiction of the parties hereto and of the subject matter hereof.
4. [Name and address of Referee] should be appointed as Referee in this matter.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that any interests of any of the parties hereto in the real estate involved in this matter are undivided interests.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any interest of any of the parties hereto in the real estate involved in this matter are undivided interests.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following persons are the owners, in fee simple, as tenants in common, of the following property in such shares and interests as indicated and that the same are hereby confirmed in those persons and partition shall be made accordingly:
A. Owners shares and interests:
Owner’s Name% interest
B. Real Property, in fee simple, as tenants in common:
[Legal Description]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the respective spouse, if any, of each person above-named has no interest in the above-stated property except as the spouse of each person, and then only in the interest of such person as above specified.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that [Name of Referee], is hereby appointed as Referee to make partition and to direct such number of shares as ordered by this Court and to do so in the matter as provided by law. [Name of Referee] shall file a bond in the amount of $______with this Court to be duly appointed as Referee.
IT IS SO ORDERED this ____ day of ______, 2017.
BY THE COURT:
______
District Court Judge
Prepared and submitted by:
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) SUMMARY JUDGMENT
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
NOW ON THIS _____ day of ______, 2017 the above-captioned matter came before this Court on the Plaintiff’s Motion for Summary Judgment against the Defendants. The Plaintiff was represented by counsel, Michael S. Borders of Borders Law Office. No appearances for the Defendants were made. After hearing statements of counsel and being fully advised of the premises, the Court finds as follows:
1. That the shares and interests of the parties in the various real properties involved in this matter are as stated in the Complaint of the Plaintiff.
2. The parties have stipulated, by counsel, that the property cannot be partitioned in kind.
3. A partition of real property shall be made accordingly.
4. The Court has full jurisdiction of the parties hereto and of the subject matter hereof.
5. [Name and address of Referee] should be appointed as Referee in this matter.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that any interests of any of the parties hereto in the real estate involved in this matter are undivided interests.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that any interest of any of the parties hereto in the real estate involved in this matter are undivided interests.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following persons are the owners, in fee simple, as tenants in common, of the following property in such shares and interests as indicated and that the same are hereby confirmed in those persons and partition shall be made accordingly:
A. Owners shares and interests:
Owner’s Name% interest
B. Real Property, in fee simple, as tenants in common:
[Legal Description]
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the respective spouse, if any, of each person above-named has no interest in the above-stated property except as the spouse of such person, and then only in the interest of such person as above specified.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that [Name of Referee], is hereby appointed as Referee to make partition and to direct such number of shares as ordered by this Court and to do so in the manner as provided by law. [Name of Referee] shall file a bond in the amount of $______with this Court to be duly appointed as Referee. [Include the issue of attorney’s fees if decided or not].
IT IS SO ORDERED this ____ day of ______, 2017.
BY THE COURT:
______
District Court Judge
Prepared and submitted by:
BORDERS LAW OFFICE
Attorney for Plaintiff
940 South D Street
PO Box 133
Broken Bow, NE 68822
(308)872-3311
IN THE DISTRICT COURT OF ______COUNTY, NEBRASKA
PLAINTIFF, )Case # ______
)
Plaintiff, )
) REPORT OF REFEREE
V. )
)
DEFENDANT (Owners, Tenants, )
Encumbrances, Liens, John and Jane)
Doe, Legal Description))
)
Defendants.)
PURSUANT to Order of this Court appointing the undersigned Referee in partition and directing him to make partition of the real estate hereinafter described, the undersigned having taken the oath required by law, posed bond as required by law, and carefully examined the real estate on ______, 2017, does hereby make the following report:
1. The real estate consists of [primarily agricultural]. The legal description is as follows:
[Legal Description]
2. The assessed value of the above real estate is $______.
3. In the opinion of this Referee, this real estate cannot be divided in kind, but can be sold for a fair market price.
4. In my opinion, the property cannot be divided without great prejudice to the owners for the reason that the property is not of the type and nature that partition in kind can be made, and for the further reason that the parties have stipulated that the partition in kind cannot be made. It is my opinion that it would be in the best interest of the parties to have said premises sold and the proceeds thereof divided according to the respective shares and interests of the owners thereof.
IN WITNESS WHEREOF, I have hereunto subscribed my name this ___ day of ______, 2017.
______
Referee
STATE OF NEBRASKA)
:ss.
COUNTY OF ______)
NOW ON THIS ____ day of ______, 2017, before me, a notary public qualified in said state, personally appeared [Name of Referee], known to me to be the identical person who signed the foregoing Report of Referee and acknowledged the execution thereof to be his/her voluntary act and deed.