The commissioners appointed under § 724 of this title may, in any case, return a partition of a part of the lands and premises embraced in the proceedings for partition and return the residue without partition, and further proceedings shall be in accordance with the return so made. The Court may vary the terms of the commission as may be necessary to adapt it to cases contemplated by this section.

Code 1852, § ?1730; Code 1915, § ?3297; Code 1935, § ?3761; 25 Del. C. 1953, § ?748;