Upon the petition of all the persons of lawful age entitled to or holding lands and tenements as joint tenants, tenants in common or parceners, together with the guardians of such as are not of lawful age, the Court of Chancery shall, without the issuance of a summons, enter a decree for partition, and may order the issuance of a commission for making the partition. The commission shall be proceeded in, executed and returned, and final decree entered thereon in the same manner and with the same effect as provided in this subchapter.

Code 1852, § ?1733; 28 Del. Laws, c. 225; Code 1915, § ?3278; Code 1935, § ?3742; 25 Del. C. 1953, § ?728;