Section 1072. Defendant may consent to pay it; proceedings thereupon  


Latest version.
  • At
      any time after a consent is filed, as prescribed in  section  1071,  and
      before an interlocutory judgment is rendered, any defendant may apply to
      the  court,  upon  notice, for an order granting him leave to pay such a
      gross sum. Thereupon the court may, in its  discretion,  and  upon  such
      terms  as justice requires, ascertain the value of the plaintiff's right
      of dower in the property, by a reference or otherwise, and make an order
      directing payment by the applicant of the sum so ascertained,  within  a
      time  fixed  by  the  order, not exceeding sixty days after service of a
      copy thereof and directing the execution by the plaintiff of  a  release
      of her right of dower, upon receipt of the money. Obedience to the order
      may  be  enforced, either by punishment for contempt, or by striking out
      the pleading of the offending party and rendering judgment  against  him
      or her, in both modes.