1100 INHERITANCE. [ART. 46

The bill or petition under this section must recognize the eldest sou's right
of election and must be in accordance with the descent of laws. Necessary
allegations. Chaney v. Tipton, 11 G. & J. 255.

The Jurisdiction of equity, and of the old county courts, in cases of parti-
tion where the land is situated in one county only, is well established. The
proceedings may be by ex parte petition or by bill and answer, but in both
cases they must conform to the requirements of the descent laws. What the
commission should require, and the return show, relative to the widow's
dower. Phelps v. Stewart, 17 Md. 239; Bennett v. Bennett, 5 Gill, 463. And
see Hardy v. Summers, 10 G. & J. 322.

Division and election apply only to property held by inheritance, and not
to property taken by will or by purchase. Johnson v. Hoover, 75 Md. 489;
Colston v. Dorchester Court, 4 H. & McH. 283.

The act of 1820, ch. 191, must be strictly complied with. A commission
held not to be in compliance with the law, and hence invalid. Stallings v.
Stallings, 22 Md. 46.

If the oath is not annexed to the commission, and the commission and
return do not appear to have been ratified, the commission is invalid. Massey
v. Massey, 4 H. & J. 141.

The court will not be prevented from issuing a commission by the purchase
of the interests of several of the heirs, including a purchase from the hus-
band of one of the heirs, of his wife's interest, no binding conveyance having
been procured from the wife. Chaney v. Tipton, 3 Gill, 334.

For a case Involving the question of "res adjudicata," as applicable to a
proceeding under this section, see Hardy v. Summers, 10 G. & J. 316.

History of the acts dealing with "division and election" down to and includ-
ing the act of 1820, ch. 191. Intent and construction of these acts. Catlln v
Catlin, 60 Md. 574.

1904, art. 46, sec. 33. 1888, art. 46, sec. 33. 1860, art. 47, sec. 33.
1820, ch. 191, sec. 8.

33. Whenever a majority of the commissioners to be appointed in
virtue of this article shall qualify they may proceed in the execution
of the same in the same manner as they may do when the whole commis-
sioners qualify as aforesaid.

Ibid. sec. 34. 1888, art. 46, sec. 34. 1860, art. 47, sec. 34
1820, ch. 191, sec. 14.

34. In the execution of this article, and before any proceeding is
had by the commissioners, they, or a majority of them, shall cause notice
to be given to all parties concerned by advertisement set up at the door
of the court-house of the county or counties or city where the lands may
lie, and in such other public places in the county or counties or city as
they may direct, at least thirty clays previous to their proceeding to
execute the said commission.

The commissioner's return should affirmatively show what, notice was
given and how it was given. Stallings v. Stallings. 22 Md. 46. Cf. Cecil v.
Dorsey, 1 Md. Ch. 223. And see section 37.

Matters relative to this section necessary to be stated in the bill or petition
filed under section 32. Hughes' Case, 1 Bl. 47.
See sections 36, 37 and 47.

Ibid. sec. 35. 1888. art. 46. sec. 35. 1860. art. 47. sec. 35. 1820. ch. 191. sec. 15.

35. If any minor shall be interested who hath not a guardian then
the court from which the commission issues shall appoint a guardian
for the purpose.