1073

Where the plaintiff's consent has been filed as prescribed in section 1071 and she is entitled to an interlocutory judgment in the action, the court must, upon the application of either party, ascertain, by reference or otherwise, whether a distinct parcel of the property can be admeasured and laid off to the plaintiff, as tenant in dower, without material injury to the interests of the parties. If it appears to the court that a distinct parcel cannot be so admeasured and laid off, the interlocutory judgment must, except in the case specified in the section 1074, direct that the property be sold by the sheriff, or by a referee designated therein; and that, upon the confirmation of the sale, each party to the action, and every person deriving title from, through, or under a party, after the filing of the judgment-roll, or of a notice of the pendency of the action as prescribed by law, be barred of and from any right, title, or interest in or to the property sold.