25-324 Actions for recovery of real or personal property; interest in property; intervention.
25-324. Actions for recovery of real or personal property; interest in property; intervention.When, in an action for the recovery of real or personal property, any person having an interest in the property applies to be made a party, the court may order it to be done. SourceR.S.1867, Code § 47, p. 400; R.S.1913, § 7605; C.S.1922, § 8548; C.S.1929, § 20-324; R.S.1943, § 25-324.AnnotationsA bidder at judicial sale, whose bid has been accepted, may appeal from an order setting the sale aside. Dawson County v. Whaley, 134 Neb. 509, 279 N.W. 164 (1938).Mere fact that party claims to be owner of attached property does not give him right to intervene in the attachment and thus have question of his ownership determined in attachment suit. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933).A mere contingent liability to answer to defendant is not sufficient ground for intervention. Omaha Southern Ry. Co. v. Beeson, 36 Neb. 361, 54 N.W. 557 (1893).Must claim some interest in subject of action; title to land attached, in action against maker of note, is insufficient. Kimbro v. Clark, 17 Neb. 403, 22 N.W. 788 (1885).