HUGHES' CASE.—1 BLAND, 41

Courts of common law and of equity have concurrent jurisdiction;
the law and course of proceeding of the forum resorted to must be
pursued. 3 Blac. Com. 436.

The Act to Direct Descents gives to the several heirs of an in-
testate a right to have a partition of his estate made among them;
and has, in part, prescribed the manner in which such partition
may be obtained; and, consequently, so far this Court must act
according to the prescribed mode; but, in all other respects, it
must be governed by its owu established course of proceeding in so
far as it can be modified, and adapted to the positive enactments
of the Legislature.

In all cases of this kind, as has been done in this instance, it is
indispensably necessary, that the petition should state, with suffi-
cient perspicuity, where or in what counties the lands, or estate of
the intestate he; the name of his widow, if she be then living;
and the names and description of his heirs, whether adult or in-
fant: and where resident, in or out of the State; to the end. that,
if they be inhabitants of the State, notice may be given to them;
or if not, that they maybe warned by publication as allowed by the
50th section of the Act. The commission awarded must, in all
cases, exactly recite the petition for the government of the com-
missioners in their proceedings: and the Court will expect, in every
case, that the petitioner should, as in this instance, nominate to it
some suitable, disinterested, and lespectable persons as commis-
sioners. The form of the commission to be issued in this, and all
similar eases, shall be as follows:

"The State of Maryland,
" To Joseph Townshend, Henry Stouffer, James Mosher, George

Decker, and John Hillen, of Baltimore County, Greeting:
"Whereas George Augustus Hughes and Christopher Hughes,
by their petition to the Chancellor of Maryland, have set forth,
that the late * Christopher Hughes, their father, died in-
testate and seized in fee simple of sundry parcels of land
and real estate lying and being in Baltimore County and in Anne
Arundel County, leaving a widow, Peggy Hughes, and six children;
that is to say, the said petitioners, who are both of full age; and
Peggy, who has intermarried with Samuel Moore; Louisa Armi-
stead, who heretofore intermarried with George Armistead, since
deceased; Mary, who has intermariied with Horatio G. Armstrong;
and Juliana, who has intermarried with Charles M. Thruston; to
whom the said real estate has descended. And the said petition-
ers allege, that the parties so entitled cannot agree upon a division
thereof; they have therefore prayed, that partition of the said
estate may be made among the aforesaid heirs according to their
several just proportions, agreeably to the Act of Assembly in such
case made and provided; which said prayer hath been granted: