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This entry was published on 2014-09-22
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Defendant may consent to pay it; proceedings thereupon
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1072. Defendant may consent to pay it; proceedings thereupon. At
any time after a consent is filed, as prescribed in section 1071, and
before an interlocutory judgment is rendered, any defendant may apply to
the court, upon notice, for an order granting him leave to pay such a
gross sum. Thereupon the court may, in its discretion, and upon such
terms as justice requires, ascertain the value of the plaintiff's right
of dower in the property, by a reference or otherwise, and make an order
directing payment by the applicant of the sum so ascertained, within a
time fixed by the order, not exceeding sixty days after service of a
copy thereof and directing the execution by the plaintiff of a release
of her right of dower, upon receipt of the money. Obedience to the order
may be enforced, either by punishment for contempt, or by striking out
the pleading of the offending party and rendering judgment against him
or her, in both modes.