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This entry was published on 2014-09-22
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Plaintiff may recover sum awarded; court may modify judgment
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1062. Plaintiff may recover sum awarded; court may modify judgment.
The plaintiff may, from time to time, maintain an action against the
owner, or a person who was the owner of the property, to recover any
instalment of the sum, so awarded to her for her dower, which became due
during his ownership, and remains unpaid. Or, if an instalment remains
due and unpaid, she may maintain an action to procure a sale of the
property, and enforce the payment of the instalments, due and to become
due, out of the proceeds of the sale. Such an action must be conducted
as if the charge upon the real property was a mortgage to the same
effect. If, at any time, it is made to appear to the court that the
rental value of the real property has materially increased or
diminished, the court may, by an order, to be made upon notice to all
the persons interested, modify the final judgment by increasing or
diminishing the sum to be paid to the plaintiff.