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LAWS OF MARYLAND.— 1835.

be laid out under the act to which this is a supplement, nothing
in the said act contained shall be construed to authorize the
making, upon such private road or way, of any rail road or rail
way.

CHAPTER 380.

A further SUPPLEMENT to the ACT, entitled, an Act to define and enlarge
the Powers of Courts of Equity.

Case of sale
of property

SEC. 1. Be it enacted, by the General Assembly of Maryland,
That in all cases hereafter to bo instituted in the court of
chancery, or any county court as a court of equity, praying a
sale of any property or estate, real, personal or mixed, upon any

Upon lien
of debt it
being the
ultimate
relief.

lien, or liability for any debt, or where for satisfying the equita-
ble rights as set forth in the bill or petition in the case, a sale
shall in the opinion of the court, be the proper, direct or ultimate
relief, and where the person or persons, or body corporate, hold-
ing or representing such property or estate, or the interest
therein, legal or equitable, and who shall be parties to such bill
or petition, and under or by whom the plaintiff or plaintiffs shall

Parties
assenting.
Or in case
of proof.

claim, shall have assented to the prayer of the bill or petition,
or where upon proof, with or without answers, the claim of the
complainant or complainants shall have been established against
such person or persons, or body corporate; and where the equi-
table pretensions of the complainant or complainants shall be
controverted by other parties in the said cause, either on answer
or cross bill or otherwise, whose alleged equitable claims shall
appear to the court to require, or make proper if established or

Sale may be
ordered.

set up, a sale of the property or estate in question, the court at
its discretion may before final hearing, decree a sale, giving a
day to the grantor to redeem as provided in cases of sales of
mortgaged property, of said property or estate, or any part there-

Notice.

of, upon motion of any parties in the case and notice to the
other parties, and on such proof as to the court shall appear

Reservation

satisfactory of the propriety of a sale for the benefit of the parties
claiming a sale as aforesaid upon their respective pretensions ;

Terms.

and such sale shall be on such terms as to the court shall seem
most advantageous ; and be made and conducted according to

Proceeds at
order of
court

the course of the court in sales in equity, and the proceeds of such
sales shall be subject to the order of the court, to be deposited or
invested from time to time as it may direct, to abide the issue of
the case, in place to every effect of the said property or estate.

Case of pro-
ceedings to
vacate con-
veyance for
fraud, &c.
prior judg-
ment not
required.

SEC. 2. And be it enacted, That in no case of a proceeding in
equity, to vacate any conveyance or contract, or other act as
fraudulent against creditors, shall it be necessary for any credi-
tor or creditors, plaintiff or plaintiffs, in the cause, to have
obtained a judgment on his demand, in order to the relief
sought in the case, either in his or her own behalf, or in behalf