ART. 16] DOWER-FRAUDULENT CONVEYANCES. 389
1888, art. 16, sec. 44. 1860, art. 16, sec. 33. 1839, ch. 23.
44. 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.
Warren v. Twilley, 10 Md. 39. Rowland v. Prather, 53 Md. 232
Ibid. see. 45. 1860, art 16, sec. 34. 1816, ch. 154, sec. 11.
1820, ch. 191, sec. 27. 1880, ch. 222
46. 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.
Stem v. Stem, 80 Md. 308.
Fraudulent Conveyances.
Ibid. sec. 46. 1860, art. 16, sec. 35. 1835, ch. 380, sec. 2. 1898, ch. 254.
46. 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
participate in the benefit of the decree in the case; but when
the debt of such plaintiff shall not be admitted by the plead-
ings 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; provided this section shall
not apply to any case pending in court in this State on April
7, 1898.
Farrow v. Teakle, 4 H & J. 271. Heighe v Farmers' Bank, 5 H. & J. 68.
Birely v. Staley, 5 G. & J 432. Griffith v. Frederick Co. Bank, 6 G. & J.
424. Swan v. Dent, 2 Md. Ch. 111. Wylie v Basil, 4 Md. Ch. 327. Richards
v Swan, 7 Gill, 376. Uhl v. Dillon, 10 Md. 500. Sanderson v. Stockdale,
11 Md 584. Hubbard v Hubbard, 14 Md. 359. Mahaney v. Lazier, 16 Md.
69. Hyde v. Ellery, 18 Md 496 Schaferman v. O'Bnen, 28 Md. 565. Flack
v. Chanon, 29 Md. 311. Wanamaker v. Bowes, 36 Md. 42. Goodman v.
Wineland, 61 Md. 449. Morton v. Grafflin, 68 Md. 563. Frederick Co.
Bank v. Shafer, 87 Md 57. High Grade Brick Co v. Amos, 95 Md. 601.
Speck v Logon & Uhl, 97 Md. 159.
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