§ 1074 — Direction that a part be laid off

§ 1074. Direction that a part be laid off. In a case specified in\nsection 1071, where the property, or a part thereof, consists of one or\nmore vacant or unimproved lots, the plaintiff's consent may contain a\nstipulation to take a distinct parcel, out of those lots, in lieu of a\ngross sum. In that case, the interlocutory judgment, instead of\ndirecting a sale, may direct if it appears to be just so to do, that\ncommissioners be appointed to admeasure and lay off to the plaintiff a\ndistinct parcel, out of the vacant or unimproved lots; and, if there is\nany other property, that it be sold, and a gross sum be paid to her out\nof the proceeds thereof, as prescribed in sections 1075, 1076, 1077 and\n1078. The plaintiff's title to each distinct parcel, admeasured and laid\noff to her, as prescribed in this section, is that of an estate of\ninheritance in fee simple. In admeasuring and laying off the same, the\ncommissioners must consider quantity and quality relatively, according\nto the value of the plaintiff's right of dower in the vacant or\nunimproved lots, out of which the admeasurement is to be made; which\nmust be ascertained, in proportion to the value of those lots, as\nprescribed in sections 1075, 1076, 1077 and 1078, for fixing a gross sum\nto be paid to her out of the proceeds of a sale.\n