454 ARTICLE 16.

to the sale of the entire estate therein, the court shall order the same to he
sold free from any claim of dower, and allow the widow such portion of the
net proceeds of sale as may be just and equitable, not exceeding one-seventh
nor less than one-tenth, according to the age, health and condition of such
widow.

A widow must either consent to a sale free of her dower and accept what is
given by this section, or else the property must be sold subject to her dower
under sec. 47. This section covers all cases where the widow consents to a sale free
of dower. Stein v. Stein, 80 Md. 308.

Where the husband's lands which were subject to dower have been sold, the
widow or her assignee will be allowed a part of the fund in lieu of dower. Mac-
cubbin v. Cromwell, 2 H. & G. 443.

This section referred to in estimating the value of a life estate. Williams' Case,
3 Bl. 266. And see Eidgely v. Iglehart, 3 Bl. 546; Abercrombie v. Riddle, 3 Md.
Ch. 323; Peyton v. Ayres, 2 Md. Ch. 64; Goodburn v. Stevens, 1 Md. Ch. 420;
Dorsey v. Smith, 7 H. & J. 366; Williams' Case, 3 Bl. 210, etc.

See art. 46, sec. 38.

An. Code, sec. 45. 1904, sec. 44. 1888, sec. 44. 1839, ch. 23.

46. 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.

The fact that the words in the act of 1839, ch. 23, " she being made a party to
the proceedings, either complainant or defendant," do not appear in the Code, com-
mented on in raising the question as to whether the widow is required to be made
a party to partition proceedings under sec. 152. The proceedings, however, must be
conducted in substantial compliance with sec. 152; proceedings held defective.
Mitchell v. Farrish, 69 Md. 238.

It is not clear that prior to this section a decree for partition did not bar dower;
if the wife is a party to the partition proceedings, her dower is barred. Rowland v.
Prather, 53 Md. 240; Warren v. Twilley, 10 Md. 50.

Act of"1839, ch. 23, referred to as in -pari materia, and to be construed together,
with act of 1785, ch. 72—see sec. 152. Billingslea v. Baldwin, 23 Md. 115.

See sec. 152 and notes.

An. Code, sec. 46. 1904, sec. 45. 1888, sec. 45. 1816, ch. 154, sec. 11. 1820, ch. 191, sec. 27.

1880, ch. 222.

47. Where 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; and any person holding land
by descent, devise or purchase, subject to a widow's dower therein, may
apply to the court sitting in chancery for the assignment of such dower, and
the court thereupon shall appoint five commissioners to assign and lay off
the same, subject in either case to confirmation or rejection by the court.

This section referred to in construing sec. 45—see notes thereto. Stein v. Stein,
80 Md. 309.

See art. 46, sec. 37.

Fraudulent Conveyances.

An. Code, sec. 47. 1904, sec. 46. 1888, sec. 46. 1835, ch. 380, sec. 2. 1898, ch. 254.

48. 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 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 the behalf of any other creditors who shall claim to par-