Page:Federal Reporter, 1st Series, Volume 3.djvu/150

 fSSBtnklK V. iSULiSUilD MÀNCr'O 00. 148. �lebtB be oreated tinder an order or decree in chancery, and khe creditors come in to avail themselves of it, the raie of kquity then is that they shall be paid in pwri pcusu, or upon a footing of equality. But, when the law gives priority, equity vrill not destroy it; and espeoially -where legal assets are oreated by statute they remain so though the oreditora be obliged to go into eqnity for assistance." But it is not neces- sary to invoke the doctrine of equity in this case, aa the bankrupt aet presarres ail legal liens, and furnishes a oertain and juat rule for the distribution of the assets of a partner* abip and the members thereof « Sections 5075, 5121, Bev. St. By this rule the property of the partnership is to be firat ap- plied t® the payment of partnership debts, and the property ai eaoh member thereof to the payment of bis individaal aebts. �Whether the proper application of this rule would exclude Ihe lien of a judgment obtained against the members of the finn for a partnership debt from the property of the indi- vidual partner, as contended by counsel for the assignee, it is not necessary now to consider. �Having arrived at the conclusion that none of the ]udg« pients in this case were a lien upon the property in question, Ithe proceeds of the sale are individual assets, and under the bankrupt act must be first applied to the payment of Estes* individual debts; and it is so ordered. ���fFHXBBBATH and others v. The Celluloïd Manupaotdeiko Co. {Oireuit Court, D. N»i» Jmey. July 13, 1880.) �JL Patbkt — AMiamacKT — ^Lioxkbb. — Auy Msignment of a patent ghort �af the entir* and unqualified monopoly is a mere license. ^ LicBNSEEB— Sttbbbnsbb. — The surrender of a license bjr part of tho �lioensees does not avoid tha license ag to the remainder of the licensees. ^ Baio — Aonoit ov Licbitbb— Pastibb.— The lioenseea who hav* beea �MlMMod bj suoh aurrander need not ba Joined trith th« remainder oit �the lioenaee* in an action on tlîe lioenaa^ �On Deiutivrec. ����