WINDER v. DIFFENDERFFER. 179

and Charles Rogers Diffenderffer, as the children and heirs of the
late Catherine. The bill prays for a partition of the estate; and for
an account of the rents and profits. These prayers will be granted,
Decreed, that there be a partition of the lands, in the proceedings
mentioned; and to the end, that this court may be enabled to
make a just partition thereof; it is Ordered, that a commission
issue to James Mosher, Benjamin C. Ridgate, Henry Didier, Wil-
liam F. Small, and Joseph Barling, authorizing them or any three
of them to enter upon, walk over and survey the said land; and to
divide the same, if it shall admit of division, according to the rights
and interests of the respective parties; that is to say, two-thirds of
the whole of that which was devised to the said late Ann, Mary and
Catherine, as in the proceedings mentioned, to be laid off as the
portion of those who are to take on the death of the said late Ann
and Mary, without issue; which two-thirds is to be divided into
two equal parts, one of which is to be allotted to the plaintiff Ara-
minta; and the other half of the said two-thirds, together with the
said one-third of the whole, as the portion to which the children of
the late Catherine are entitled, to be divided into three equal parts;
one of which shall be allotted to the said Amelia Diffenderffer, one
other third part thereof to the said Michael Diffenderffer; and the
remaining third part to the said Charles Rogers Diffenderffer; hav-
ing regard to quantity and quality; and the said commissioners be
directed in the commission to make out a plot and certificate of the
said land, and of the divisions thereof, and an accurate description
of the same, and of the several parts thereof, and of the value of
each; and to the said commission there shall be annexed, as usual,
an oath of office.

And it is further Decreed, that the said John Diffenderffer render
a full and true account of the rents and profits of the property, in
the proceedings mentioned, during the whole time the same has
been, or may remain in his possession, or under his control. That
the auditor state the account relative thereto from the evidence in
the cause, and such other evidence as may be taken by either party
before the commissioners Benjamin C. Ridgate and William Ma-
gruder of the city of Baltimore, on giving two days notice as usual;
provided, that the same be taken and filed in this ease on or before
the fifth day of July next.

A commission was issued as directed by this decree; upon
which the commissioners made a return, that they had made a par-