1073 - Interlocutory judgment for sale.

§ 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.