1074 - Direction that a part be laid off.

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