Page:Federal Reporter, 1st Series, Volume 2.djvu/213

 206 TEDEBAL BBFOBTEB. �of said land in the same manner as if the legal estate had vested in the husband during the coverture ; and it may be said, I think, with a great deal of force, that this judicial sale, being substantially the same thing, so far as the rights of the wife are concerned, as the death of the husband, that the right of the wife in a case like this should be protected in the same ■way as if the husband had actually died, and the proceeds of the estate had been used for the purpose of paying any bal- ance that might be due �In this case the balance was paid ont of this very prop- erty ; that is, the money was raised out of this property by the assignee, and it may be said, I think, that the wife ought to contribute her quota, or it should be deducted from the amount which has to be paid. In other words, she should bear her proportion of the share which is due on the property; but that, of course, can be arranged in the settlement of the various questions that exist in this case. If the property shall be sold, the proceeds will be held for the benefit of the creditors of the bankrupt's estate, and also for the benefit of the wife, so far as she may be entitled to protection under the law. �The decree of the district court will be reversed, and a decree prepared in conformity with the opinion of this court. ���COLLENDEB V. GeIFFITH & Co. �{Ctreuit Court, S. B. New York. May 4, 1880.) �BiLiiiAKD Tables — DBSias Patent — Subsequent Mechanical Pat- BNT. — A design patent for a particular style of billiard table, granted more than two years before a mechanical patent for a similar table was issued, does not render the latter void. �Bame— Bbvblled Sidbs— Utilitt. — A billiard table having the broad side rails bevelled or inclined inward, so as to give the player opportunity to get his knee under the table, and so constructed as to be cheaper than the curved or ogee form, has sufficient utility to support a patent. �Same — Evidence Showing Pbior Use. — Evidence in this case showing that tables similar to those described in the patent were in use in this country many years prior to the patent, the bill is dismissed. ����