
    Brobst et al. v. Brobst.
    This court -cannot take jurisdiction on a certificate of division in a case where the question certified is one of fact and can only be determined by an examination of the evidence in the record.
    This case came bere on a certificate of division from tbe Circuit Court of tbe United States for tbe Eastern District of Pennsylvania.
    The record showed a litigation in respect to an alleged fraud in obtaining a deed of large tracts of land by the principal defendant from tbe complainant. The decree found tbe fraud alleged, and held tbe deed null as to tbe principal defendant, but stated that tbe judges were ojiposed in opinion on tbe question whether bis four co-defendants, who claimed by deeds under him, were chargeable as privies to tbe fraud, and this question was accordingly certified to this court.
    
      Messrs. Brent and Merrick
    
    moved to dismiss tbe case for want of jurisdiction.
   The CHIEF JUSTICE:

Tbe question is one of fact, and can only be determined by an examination of tbe evidence in tbe record; and it has been repeatedly determined that only questions of law upon distinct points in a cause can be brought to this court by certificate.

An order must be made, therefore, remanding this cause to the Circuit Court, without answer to tbe question certified, for want of jurisdiction. 
      
       Wilson v. Barnum, 8 Howard, 261.
     