Section 918. Interlocutory judgment directing sale or exception of lien or dower interest  


Latest version.
  • 1. An interlocutory judgment directing the sale  of  the
      property  may  direct that the premises sold shall be free from the lien
      of every debt of a decedent, from whom the plaintiff's title is derived,
      or of a decedent who, if living, should be a party to the action, except
      debts which were a lien upon the  premises  before  the  death  of  such
      decedent.
        2. Where a party has an existing right of dower in the entire property
      directed  to  be  sold, at the time when an interlocutory judgment for a
      sale is rendered in an action for partition, the court  shall  determine
      whether the interests of all the parties require that the right of dower
      should be excepted from the sale or that it should be sold. If a sale of
      the property, including the right of dower, is directed, the interest of
      the  party  entitled  to  the right of dower shall pass thereby; and the
      purchaser, his heirs and assigns,  shall  hold  the  property  free  and
      discharged from any claim by virtue of that right.