Page:Federal Reporter, 1st Series, Volume 4.djvu/448

 434 rjEDEBAL EEPOETEE. �owner had, by written assignment, conferred the apparent absolute ownership, where the purchase is made upon the faith of such apparent ownership, obtains a valid title as against the real owner, who is estopped from asserting a title in hostility thereto. �Since the decision in this case on the plea to the amended bill, it bas been stipulated in writing by the plaintiff that Edmund P. Woodbury would testify that the consideration paid for the conveyance of April 29, 1868, from Lombard & Thompson to Eussell, Eeese, and the firm of Strong & Wood- bury, (consisting of Henry A. Strong and Edmund F. Wood- bury,) was the sum of $4,000, in property and cash; and that the defendants respeetively would testify that they paid on the execution and delivery of the conveyance from Strong & Wood- bury, of December 10, 1869, to them, the sum of $1,000 in cash ; and that such stipulation be filed and made a part of the record, on the application for a rehearing, with the same effect as though such tëstimony had been regularly put in by the defendants originally. �In the proofs, Edmund T. Woodbury testified that he nego- tiated with Lombard the purchase covered by the conveyance of April 29, 1868; that he never heard until the spring of 1877 of the two unrecorded instruments of August 27, 1S66; and that the only agreement between Hamilton and Lom- bard & Thompson, of which he had any information, prior to 1877, was the reoorded conveyance of August 27, 1866. �The conveyance of April 29, 1868, from Lombard & Thomp- son to Eussell, Eeese, and Strong & Woodbury, recites that "whereas, by virtue of assignment from Milton A. Hamilton, dated August 27, 1866, the right for the state of New York was vested in us, Clinton A. Lombard and John Thompson;" and then it conveys ail their "right, title, and interest" in the invention, as secured to them by the patent, for, to, and in the state of New York. The conveyance of July, 1868, from Eeese to Eussell and Strong & Woodbury, recites that "by virtue of assignment dated August 27, 1866, the right for the state of New York was vested in Clinton A. Lombard and John Thompson;" and that by virtue of the assigkmient from ����