Section 1041. Interlocutory judgment for admeasurement  


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  • If the defendant
      makes default in appearing or pleading or if the right of the  plaintiff
      to  dower  is  not  disputed  by  the  answer,  or if it appears, by the
      verdict, report, or  decision  upon  a  trial,  that  the  plaintiff  is
      entitled  to  dower  in  the real property described in the complaint an
      interlocutory judgment must  be  rendered  which,  except  as  otherwise
      prescribed  in  this  article, must direct that the plaintiff's dower in
      the property, particularly describing it, be admeasured  by  a  referee,
      designated  in  the  judgment,  or  by three reputable and disinterested
      freeholders, designated therein, as commissioners for that purpose.