Page:Federal Reporter, 1st Series, Volume 7.djvu/356

 344 FEDERAL REPORTBB. �"And it teing hereby expressly declared and covenanted by said grantor [ the counly] that all the lands contained in said schedule are actually the property of said Scott county at the date of this deed, and that she has a good rigljt to sell and convey the same." �It is on that covenant this suit is founded. The main inquiry is whether that covenant, taken in connection with the terms of the deed, eovered lands other than those belong- ing to the county, situate within the county, being swamp and overflowed lands. To hold that the covenant extended as far as plaintiff claims would be to disregard the obvious ecope and extent of the deed, �Demurrer is sustained. ���Union Metallic Oabteidgb Co. v. United States Cabt- EIDGE Co. �(Circuit Court, D. Massachusetts. May 25, 1881.) �1. iPATiaiT — Re-Issuk— DiscLAmBB OF Ambnded Description— Estop- �ppi/— Equivalent. �Where an inventer inserts a description of a modifled or improved form in an application for re-issue, and is required, by the commis- sioner of patents, to disclaim this description as a condition precedent to granting of the re-issue, held, that he is net estopped from enjoin- ing the use of machines containing such modiflcation or improve- ment. �The admission or disclaimer in such case is not of a fact of inven- tion, but of the propriety of inserting a certain clause in the descrip- tive part of the specification. �If the patentee' s invention and his patent rightly included a certain form as an equivalent, it was a mere nullity (like an admission of law) to confess that it did not include it �Leggptt v. Ave/ry, 101 U. S. 256, as to the effect of an admission by patentee, construed. �2. Bamb — Mechanism fob Heading Metallic Cartridge Shells— �Inpeingkmbnt. �Complainant's machine, in which the shells are carried through a die or a mandrel, and both die and mandrel are moved forward together, forcing the closed protruding end of the shell against a bunter, forraing a flange on it, lidd, inf ringed by defendant's machine, in which the die is stationary, and the bunter advances after the mandrel has carried the shell into position. ��� �