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Ex parte McCardle U.S. 318 (1868)

handle is hein.slavery/ussccases0397 and id is 1 raw text is: Ex PARTE MOCARDLE. Statement of the case. of several persons is deemed to be-held by them as joint tenants, or as tenants in common ; and none of the several owners possesses authority to sell or bind the interest of his co-owners. But if the position assumed by the court were justified by the evidence, and the defendants were in fact copartners, in the ownership of the property,. such copartnership was ter- minated by the sale made. The land was the only subject of the assumed copartnership; no pretence is made that it held any other property. With the sale, therefore, the busi- ness was completed, for which the supposed copartnership was formed; and this completion necessarily dissolved the relation of partners between the parties.* The subsequent declarations of Powell as to the agree- ment made by him with the plaintiff were not admissible as evidence against his late copartners. His authority to bind them ceased with the dissolution of the copartnership. His admission of liability, or of an agreement upon which lia- bility might follow, possessed no greater efficacy to bind his former copartners than a similar admission of any other agent of the opartnership after his agency had terminated.t It follows that the court below erred both in its assump- tion and its rulings, and its judgment must therefore BE RE- VERSED, and the cause remanded for a new trial; and it is so ordered. EX PARTE MCCARDLE. (MlOTION.) Under the act of February 5th, 1867 (14 Stat. at Large, 885), to amend the Judiciary Act of 1789, an appeal lies to this court on judgments in habeas corpus cases rendered by Circuit Courts in the exercise of origi- nal jurisdiction. MOTION to dismiss an appeal from the Circuit Court for the District of Mississippi; the case being thus: * 3 Kent, 53; Story an Partnership, see. 280. f Baker v. Stackpole, 9 Cowen, 420; Van Keuren v. Parmelee, 2 Com- %tonk, 530- Story on -Partnership, J 323. [Slip. Ct.

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