Page:Federal Reporter, 1st Series, Volume 2.djvu/81

 74 FEDEEAIi BBPOETER. �ered wîthout exacting thenor afterwards the stipulated securîty, the lien in favor of the heirs was lost. But the very clause which provides for a mortgage contains this significant lan- guage : "For the one-third which remains in the land, which is to be paid on the death of the widow; the interest on the same ito be paid annually to said widow during her life." The pur- pose of the mortgage was to afford additional and cumulative remedies to enforce payment. Episcopal Academy v. Freize, 2 Watts, 16. �In proceedings in partition a recognizance or mortgage given for the principal of the widow's dower is but collateral; the lien is independent of such security, being created by the law itself. Hise v. Oeiger, 7 Watts & Serg. 273; De Haven T. Bartholomew, 67 Pa. St. E. 126. This priaciple is appli- cable to the present controversy; for here the agreement of the parties, which is the law of the case, created a lien inde- pendent of the contemplated mortgage. �And now, to-wit, April 12, 1880, the exceptions to the register's report are overruled and the report confirmed abso- lutely. ���HOFFMAN V. TODNG*. �{Oireuit Oowt, E. D. Pennsylvania.. April 28, 1880.) �Patent — Improvbment im Tripod Hbads. — A patented improvement In tripod heads for surveyors' instruments compared with previous devices and patent sustained. �CoMBiNATiON op Old Dbvicbs — "Whbn Patbiitablb. — If a corabination of old devices contains (1) a novel assemblage of parts exhibiting inven- tion, and (2) the co-operatïon of those parts producing a new resuit, it is patentable. The parts need not act simultaneously, if they act unit- edly to produce a common resuit. �Per Butler, J. It may be conceded that in this respect the case is near the border Une. If nearer, however, the prima faeie right established by the letters patent, (atrengthened, possibly, by the respondent's tardi- ness in discovering this defence,) would justify a decree in theplain- tiil'B favor. �*Reported by Frank P. Prichard, Esq., of the Philadelphia bar. ����