Page:Federal Reporter, 1st Series, Volume 2.djvu/353

 346 FEDKKAL BEPORTEE. �corded in order that the patent might be re-issued to her;: and it is not to be presumed that such a fraud was intended as would resuit from a conveyanoe of a third to Eddy after the whole had been conveyed to her. Whatever its date in fact was, whether the 20th or the 23d, it was not recorded until August 1, 1870, more than three months after its date,, and it became subject to the conveyanoe to Eddy. Kev. St. § 4898. The parties concerned appear to have understood that her conveyanoe was so subject. �On the fifteenth day of August, 1870, Norton made an agreement in writing with Secombe that he should have the Bum of $2,500 advanced and to be advanced on acoount of the patent, with 10 per cent, interest, out of any sum of moneypaid by the postmaster general for the use of the pat- ent, and that if Norton should succeed in obtaining the one- third interest conveyed to Eddy in trust for himself, Shavor and Corse, Secombe should have only 6 per cent, interest, but one-fourth of the patent. On the fourth day of October, �1870, Miss Ingalls made an agreement in writing with Secombe ref erring to this agreement between Norton and him, and rat- ifying and confirming it as if made by her. The patent was re-issued to her on that day, and on the fourth day of March, �1871, she conveyed to him ail her right, title and interest in and to the patent in trust for herself, and the wife and chil- dren of Norton, with fuU power to sell and assign, and to grant licenses and manufacture under the patents, to pay the expenses of the trust, reserve bis compensation as trustee, and pay over the balance, according to a declaration of trust, which he then executed to her, by which he was to have two- fifths of the proceeds, and she the other three-fifths in trust for herself and the wife and children of Norton. �In this state of the title the agreement of October 7, 1871, was made and signed by Eddy, Shavor, Corse and Secombe. There had been a suit against the government in the court of claims for compensation for the use of the patent, which had f ailed because no contraet had been proved ; and the matter had been before congress for an appropriation to make com- pensation, which had not been disposed of by final action. ����