THOMAS W. VEAZEY, ESQUIRE, GOVERNOR.

1835.

tition, and under or by whom the plaintiff or plaintiffs

CHAP. 380.

shall claim, shall have assented to the prayer of the

Parties assenting

bill or petition, or whlere upon proof, with or without

Or in case of proof

answers, the claim of the complainant or complainants

shall have been established against such person or per-

sons, or body corporate; and where the equitable pre-

tensions 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 set up, a sale of the

property or estate in question, the court al its discre-

Safe maybe ordered

tion 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 es-

tate, or any part thereof, upon motion of any parties

in the case and notice to the other parties, and on such:

Notice

proof as to the court shall appear .satisfactory of the

propriety of a sale for the benefit of the parties claim-

Reservation

ing a sale as aforesaid upon their respective preten-

sions; and such sale shall be on such terms as to the

Terms

court shall seem most advantageous: and be made and

conducted according to the coarse of the court in sales

in equity, and the proceeds of such sales, shall be sub-

Proceed at order

ject to the order of the court, to be deposited or invest-

of court

ed from time to time as it may direct, to abide the is-

sue of the case, in place to every effect of the said pro-

perty or estate.

SEC. 2. And be it enacted. That in no case of a

Case of proceedings

proceeding in equity, to vacate any conveyance or con-

to vacate convey-ance for fraud &c.

tract, or other act as fraudulent against creditors,

prior judgment not required

shall it be necessary for any creditor 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 be-

half of any other creditors who shall claim to partici-

pate in the benefit of the decree; in the case; Provided,

Proviso— if debt be

however, that when the indebtedness of such plaintiff

not admitted

or plaintiffs, shall not be admitted by the pleadings in

the case on part of the defendant or defendants interest-

ed in contesting the same, the court shall on applica-

86