Page:Federal Reporter, 1st Series, Volume 3.djvu/909

 903 FEDERAL REPORTER. �extend to whatever rîght they might have wîiicli paseed, and that the warranty was kept. But the oonveyances were made to carry out the sale in the manner required by law for pasa- ing the title, and the warranty grew out of the sale and not out of the form of the conveyance. And the patent subse- quently purchased by the defendants may be better than thia for covering thia invention, but if it is it cannot help the defendanta as against the orators. It ia a familiar law, and has been for a long time, that a warranty of title or right draws to it any after-acquired right or title of the warrantor, and carries it to the benefit of the person to whom the war- ranty runs. So whatever right, if any, the defendanta acquired to the invention covered by thia patent, enured directly to the benefit of the orators. It is also urged that the purchaser knew of the defects and was not deoeived, and that, therefore, the defendants are not estopped. But the rights of the oratora do not rest upon the estoppel merely; they rest upon the purchase, which must operate so that the orators may have what they bought, and so that the defend- ants shall not both sell and keep the same thing. �The evidence of the acts, conduct, and claims ot the defendants leaves no room for any fair doubt but that they infringe by doing what they claimed and exercised as their exclusive right when they had the patent, and by practicing the invention which the patent purports to cover. �Let a decree be entered for an injunction and au aocount, aocording to the prayer of the bill, with costs. ����