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Pierre A. Berthold and others, Plaintiffs in Error, v. James McDonald and Mary McRee U.S. 334 (1860)

handle is hein.slavery/ussccases0180 and id is 1 raw text is: SUPREME COURT. B~twd a~ d. v. Z!ConJ eg a Here we have everything necesery to constitute a partner. ship: 1st. The parties have joind together to carry on a certain adventure or trade, for their mutual profit-one contributing the vessel, the other his skill, labor, and experience, &c. 2d. There is a communion of profits, on a fixed ratio. Of such a contract, a court of admiralty has no jurisdiction. The decree of the Circuit Court is therefore affirmed, with costs. PxniR A. Bm oTHoLD AND oTH MS, PLAINTIFFS n ERo, V. J'Ams MoDoNALD AND MMnY MoR=E. Where the decision of the Supreme Court of a State was against the validity of a title to land derived from a confirmation by the board of c6mmiassonea sitting under the act of March 3, 1807, this court has jurisdiction, under thp 25th section of the judiciary act, to review that decision. Where the controversy was between two claimants to land, both of whom held equitable titles only under confirmation by the board of commissioners above mentioned, the court had a right to go behind the prima fack title resultmng from the confirmation, and to instruct the jury as to such facts as would tend to establish the superior equity of one of the claimants. Tins case was brought up from the Supreifie Court of the State of Missouri by a writ of error issued under the 25th section of the judiciary act. It was'an action -of ejectmetit brought by Berthold and others against the defendants in error, to recover the posses- sion of a tract of land near St. Louis, containing eighty arpens, equivalent to -sixty-eight acres. The action was orig- inally brought in the St. Louis land court. Under the Span- ish Government, there was a common field near to the town of St. Louis, called the common field of the Prairie des Noyers. In this common field were two lots, owned respectively by two negresses, one of whom was named Florence Flore, and the other, named Jeannette, or Jeannette Flore. Berthold and the other plaintiffs in error claimed under Florence Flore, and McDonald and Mary McRee under Jeannette. Both claims wee - confirmed in the manner stated in the opinion of the

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