Whenever an interest in the fee title to any real estate in this state and an interest in a mortgage or other lien affecting the same interest shall become vested in the same person, and such person subsequently conveys such fee title by deed, unless a contrary intent is expressed by the terms of such deed, it shall be conclusively presumed in favor of subsequent purchasers and encumbrancers for value and without notice, that such lien interest merged with the fee and was conveyed by such deed and that such lien was thereby released from the fee interest so conveyed.
Neb. Rev. Stat. § 76-274
Merger of lien with fee; when presumed
Applied in 2 court decisions — leading case County of Keith v. Fuller (1990)
Most recently applied in 6 Neb. Ct. App. 249 - Whipple v. Commercial Bank of Blue Hill (December 1997)
Laws 1935, c. 150, § 1, p. 555; C.S.Supp.,1941, § 76-273; R.S.1943, § 76-274.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.