“This cause was tried at the last term, and the facts, as they appeared at the trial, are reported in the former report, page 172. A motion was afterwards made for a new trial, and was argued at the present term, by Loring for the plaintiff, and Webster for the defendants . . . The bill of sale was in their joint names; the ship’s register, and the oath taken by Ohl at the custom-house, all establish the same fact. There was no attempt made to prove, by any writing or otherwise, that the ownership was not in equal moieties in Ohl and Remington, if Remington had any title at all. The object of the testimony was to establish an exclusive title in Ohl, by parol, unwritten, evidence, in opposition to the ship’s papers and the bill of sale; to prove that the whole purchase money was paid by Ohl; that the bill of sale was in their joint names by mistake; and that the register was taken out, and the oath taken by Ohl by mistake.”