Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 918
Interlocutory judgment directing sale or exception of lien or dower interest
Real Property Actions & Proceedings (RPA) CHAPTER 81, ARTICLE 9
§ 918. Interlocutory judgment directing sale or exception of lien or
dower interest. 1. An interlocutory judgment directing the sale of the
property may direct that the premises sold shall be free from the lien
of every debt of a decedent, from whom the plaintiff's title is derived,
or of a decedent who, if living, should be a party to the action, except
debts which were a lien upon the premises before the death of such
decedent.

2. Where a party has an existing right of dower in the entire property
directed to be sold, at the time when an interlocutory judgment for a
sale is rendered in an action for partition, the court shall determine
whether the interests of all the parties require that the right of dower
should be excepted from the sale or that it should be sold. If a sale of
the property, including the right of dower, is directed, the interest of
the party entitled to the right of dower shall pass thereby; and the
purchaser, his heirs and assigns, shall hold the property free and
discharged from any claim by virtue of that right.