delivered the opinion of the Court.

Tun order establishing the ferry in this case, is erroneous, because the record fails to show that the heirs of Ferguson, upon whose application it was made-, are the owners of the land on the Kentucky shore of the Ohio river, as was decided to be necessary to authorize the establishment of a ferry across the Ohio river, in the case of the trustees of the Jefferson Seminary vs. Wagnon, 2 Marshall 379.

The order is therefore reversed with cost.