It is probable that the persons joined with Townsend in the action below, were his partners, and that Townsend was the acting partner, and therefore appeared in court in behalf of himself and his partners, and that they three were the joint owners of the schooner. But the court cannot go on conjecture; it is better to have no state of demand at all, than to have one that does not disclose a right of action in those who sue.

Judgment reversed.

Cited in Erwing v. Ingram, Zab. 520.