78 CHANCERY. [ART. 16.

33. In all suits by joint owners to sell lands, the court may
decree a sale free from the claim of dower by the wife of any of
the parties.

34. "Whore there is a decree for the sale of lands, and a widow
is entitled to dower therein and will not consent to a sale of her
dower, the court may, if it appears advantageous to the parties,
appoint five commissioners to assign and lay off the dower of
such widow, subject to the confirmation or rejection by the
court.

FRAUD.

35. In no case of a proceeding in equity to vacate any convey-
ance or contract, or other act, as fraudulent against creditors,
shall it be necessary for any creditor or plaintiff in the cause to
have obtained a judgment at law on his demand, in order to the
relief sought in the case, either in his own behalf or in behalf of
any other creditors who shall claim to participate in the benefit
of th'e decree in the case; but when the debt of such plaintiff
shall not be admitted by the pleadings in the case on the part of
the defendant interested in contesting the same, the court shall,
on application of any of the parties, send to any court of law an
issue for determining the fact of such indebtedness, subject to
the rules usually applied to issues out of chancery.

INFANTS.

36. Where an infant is entitled to any real or personal property
in this State, of any kind, or entitled to a reversion, vested or
contingent remainder, or an executory devise in any such pro-
perty, or any use, trust or equitable interest therein, the court
may, if it shall appear to be for the benefit and advantage of
such infant, decree a sale thereof, if the provisions of the follow-
ing sections are complied with.

37. No decree for sale shall pass under the preceding section
but upon the petition of the guardian or prochein ami of such
infant, and the appearance and answer of such infant, by
guardian to be appointed by the court, and proof by the depo-
sitions of at least two discreet and respectable witnesses, to be
taken under a commission to be issued for that purpose; and the
witnesses shall state in their depositions the value and quantity
of the property, and the facts and circumstances which show