compensation to be made by one party to another for equality of partition. But compensation cannot be so awarded against a party who is unknown, or whose name is unknown. Nor can it be awarded against a minor, unless it appears that he has personal property sufficient to pay it, and that his interest will be promoted thereby. [Code, § 1587, § 1201. Proceedings on death of parties.-If on the death of one of two or more plaintiffs, or one of two or more defendants, in an action for partition, the interest of the decedent in the property passed to a person not a party to the action, the latter may be made defendant by the order of the court; and a supplemental summons may be issued to bring him in accordingly. [Code, § 1588, without change.] § 1202. Rents, may be adjusted.-Nothing contained in this article prevents the courts from adjusting in the interlocutory or final judgment or otherwise as the case requires, the rights of one or more of the parties as against any other party or parties, by reason of the receipt by the latter, of more than his or their proper proportion of the rents or profits of a share, or part of a share. [Code, § 1589, without change.] § 1203. Partition by guardian or committee.-When a minor, idiot, lunatic, or habitual drunkard, holds real property in joint tenancy or in common, the general guardian of the infant, or the committee of the idiot, lunatic or habitual drunkard, may apply to the supreme court, or to the county court of the county, wherein the real property is situated for authority to agree to a partition of the real property. [Code, § 1590, without change.] § 1204. Contents of petition.-Such an application must be by a petition, which must describe the real property proposed to be partitioned; must state the rights and interests of the several owners thereof; must specify the particular partition proposed to be made; and must be verified by affidavit. The court may order notice of the application to be given to such persons as it thinks proper. [Code, § 1591, without change.] § 1205. Court may authorize partition.-If after due inquiry into the merits of the application by a reference or otherwise, the court is of the opinion that the interests of the minor, or of the idiot, lunatic or habitual drunkard will be promoted by the partition, it may make an order authorizing the partitioner to agree to the partition proposed, and in the name of the minor, or of the idiot, lunatic, or habitual drunkard, to execute releases of his right and interest in and to that part of the property which falls to the shares of the other joint-tenants or tenants in common. The court may, in its discretion, for the furtherance of the interest of said minor, idiot, lunatic or habitual drunkard, direct partition to be so made as to set off to him or them his or their share in com. mon with any of the other owners, provided the consent in writing thereto of such owners shall be first obtained. [Code, § 1592, without change.] § 1206. Effect of releases.-Releases so executed have the same validity and effect as if they were executed by the person in whose behalf they are executed, and as if the minor was of full age, or the idiot, lunatic, habitual drunkard was of sound mind, and competent to manage his affairs. [Code, § 1593, without change.] § 1207. When the state is interested. The people of the state may be made a party defendant to an action for the partition of real property in the same manner as a private person. In such a case the summons must be served on the attorney-general, who must appear in behalf of the people. [Code, § 1594, without change.] § 1208. Exemplified copy of judgment may be recorded.-An exemplified copy of the judgment-roll, or of the final judgment, in an action for partition, may be recorded in the office for recording deeds, in each county in which any real property affected thereby is situated. [Code, § 1595, without change.] ARTICLE XXVI. DOWER. Section 1230. Limitation of action for dower. 1232. Who may be joined as defendants. 1237. Damages against heirs aliening land. 1238. Action barred by assignment of dower. 1239. Collusive recovery not to prejudice minor. 1240. Complaint. 1241. Interlocutory judgment for admeasurement. 1242. Oath of commissioners; removal; filling vacancy. 1243. Dower, how admeasured. 1244. Report thereon. 1245. Setting aside report. 1246. Fees and expenses. 1247. Final judgment. 1248. Plaintiff may recover sum awarded. 1249. Junior incumbrances; not affected by admeasure ment. Section 1250. Appeal not to stay execution if undertaking is given. 1251. Plaintiff may consent to receive a gross sum. 1252. Defendant may consent to pay gross sum. 1254. Directing a part to be laid off. 1255. Liens to be ascertained. 1256. Payment of liens or sale subject thereto. 1257. Report of sale. 1258. Final judgment thereon. 1259. Certain provisions of article twenty-five made appli cable. Section 1230. Limitation of action for dower.-An action for dower must be commenced by a widow within twenty years after the death of her husband, but if she is at the time of his death either 1. A minor, or 2. Insane, or 3. Imprisoned on a criminal charge, or in execution upon conviction of a criminal offence, for a term less than for life. The time of such disability is not a part of 'the time limited by this section. And if at any time before such claim of dower has become barred by the above lapse of twenty years, the owner or owners of the land subject to such dower being in possession shall have recognized such claim of dower by any statement contained in a writing under seal subscribed and acknowledged in the manner entitling a deed of real estate to be recorded, or if by any judgment or decree of a court of record within the same time and concerning 'the lands in question, wherein such owner or owners were parties, such right of dower shall have been distinctly recognized as a subsisting claim against said lands, the time after the death of her husband and previous to such acknowledgment in writing or such recognition by judgment or decree, is not a part of the time limited by this section. [Code, § 1596, without change, except the substitution of the words "a minor," for "within the age of twenty-one years.] § 1231. Against whom action to be brought.-Where the property in which dower is claimed is actually occupied, the occupant thereof must be made defendant in the action. Where it is not so occupied, the action must be brought against some person exercising acts of ownership thereon, or claiming title thereto, or an interest therein, at the time of the commencement of the action. [Code, § 1597, without change.] § 1232. Who may be joined as defendants.-In either of the cases specified in the last section, any other person, claiming title to, or the right to the possession of the real property in which dower is claimed, may be joined as defendant in the action. [Code, § 1598, without change.] § 1233. Actions where defendants claim in severalty.-In an action to recover dower, in a distinct parcel of real property of which the plaintiff's husband died seized, or in all the real property which he aliened by one conveyance, all the persons in possession of or claiming title to the property or any part thereof, may be made defendants, although they possess or claim title to different. portions thereof in severalty. [Code, § 1599, without change.] § 1234. Damages may be recovered; how estimated.-Where a widow recovers in an action therefor, dower in property of which her husband died seized, she may also recover in the same action damages for withholding her dower, to the amount of one-third of the annual value of the mesne profits of the property, with interest; to be computed where the action is against the heir, from her husband's death, or where it is against any other person, from the time when she demanded her dower of the defendant; and, in each case to the time of the trial or application for judgment, as the case may be; but not exceeding six years in the whole. The |