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This entry was published on 2014-09-22
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Interlocutory judgment for sale
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 10
§ 1073. Interlocutory judgment for sale. Where the plaintiff's consent
has been filed as prescribed in section 1071 and she is entitled to an
interlocutory judgment in the action, the court must, upon the
application of either party, ascertain, by reference or otherwise,
whether a distinct parcel of the property can be admeasured and laid off
to the plaintiff, as tenant in dower, without material injury to the
interests of the parties. If it appears to the court that a distinct
parcel cannot be so admeasured and laid off, the interlocutory judgment
must, except in the case specified in the section 1074, direct that the
property be sold by the sheriff, or by a referee designated therein; and
that, upon the confirmation of the sale, each party to the action, and
every person deriving title from, through, or under a party, after the
filing of the judgment-roll, or of a notice of the pendency of the
action as prescribed by law, be barred of and from any right, title, or
interest in or to the property sold.