Page:Federal Reporter, 1st Series, Volume 5.djvu/816

 804 FEDERAL REPORTER. �The master should have found that the complainant waa entitled to nominal profits only. Deoree accordingly, with costs of the reference taxed against the complainant. ���Seoombe, Adm'r, v. Campbell and others.* �{Circmit Court, S. D. Neu> York. September 14, 1880.) �1. Patent — Procbbds of Dbcreb — Third Party CLAiMiNa Advekselt TO Plaujtiff. �Where a decree bas been obtained for the infringement of a patent, the defendant cannot be restralned from paying the proceeds of such decree at the suit of a third party, seeking to recover such proceeds, where such party claims title to the patent adverse!^' to the plaintiS. -(Ed. �In Equity. Demurrer. �The plaintiff, pro se. �Stewart L. Woodford, U. S. Att'y, and San'l B. Clark, Asst. U. S. Att'y, for defendant. �Wheelee, D. J. This cause bas been heard upon the demur- rer of the defendant James to the bill of complaint. The sub- stance of the case made by the bill is that the plaintiff's intes- tate held the title to a patent ; that an assignment of patents was made by him as president of a corporation, which was not intended to convey that patent, and did not in fact, to the de- fendant Ingalls; that she made an assignment of it to the defendant Campbell, who bas brought suit against the defend- ant James for an infringement, to whioh the defendant Eddy has become a party, becausehe claims an interest in the patent, and in which Campbell has obtained a decree in his favor, up- holding his title, on the ground that the assignment did convey the patent. The prayer is that, if the assignment did convey the patent, it may be reformed to conform to the intentions of the parties, and that then, or if the patent was not conveyed, the defendant James be restrained from paying the amount de- �*See 2 FED. Rep. 357 ����