Page:Federal Reporter, 1st Series, Volume 8.djvu/287

 ANDREWS V. CROSS. ���2T3 ���is verified by Mr. Storke, of Cazenovia, the defendant's soliciter, who also signs it as solicitor and coun'sel. It is not signed or verified by the defendant. It is also signed by Messra. Jed Lake and W. W. Harmon, of Independance, lowa, as coansel. There was a replica- tion to the answer. The plaintiffs took testimony in this case, and put in evidence the re-issue to Green and a power of attorney, and an assignaient from Green to his co-plaintiffs. They also examined as witnesses in this case Thomas Marshall and James G. Kicbardsj in Ontober, 1879 The defendant put in evidence a United States patent to James Suggett, No. 42,126, issued March 29, 1864, 'and not issued March 9, 1865, as stated in the ans'wer, and a certified .copy of the file wrapper in the ^atter of the priginalpatent granted to Green. The defendant yf&s also .examined as a.witness for himself, in this suit, in August, 1880. The defendantalso took, in this. suit, at Independence, lowa, the depositions of Thomas Sherwood, Thoriias J. Marinus, H; A. King, George Wame; A. J. Fraucis, A. F. Williatne, Thomas H. Tyson, and S. P. McEwen, in April, 1880. Theforegoing js all the testimony that was iaken directly in this suit, on either side. Underia stipulation made between the parties to this suit, and a notice given thereunder by the defendant to the plaintiffs, the dep- ositions of Moses T. Tallman, Abram Vandenburgh, and John D. F. Woolston, taken in February and March, 1880, in a suit in iequity in the circuit court of the United States for the district of Iowa, between William D. Andrews and others, plaintiffs, and George Le- land, defendant, in respect to the alleged driven well in Preble, are made evidence for the defendant in this suit. Under a like stipula- tion, and a notice given thereunder by the plaintiffs to the defend- ant, the following depositions, taken at the following dates, iu a suit in equity in the said circuit court for lowa, between William D. Andrews and others, plaintiffs, and George Hovey, defendant, are made evidence for the plaintiffs in this suit : �December, 1879, William D. Andrews and Thomas C. Theaker; June, 1880, John Q. Royce; August, 1880, Charles Brown, Adelbert Brown, George W. Burr, Thomas H. Tyson, J. R. Kays, Thomas J. Burr, William H. Joslin, William O. Barnard, and Joseph M. Chandler; September, 1880. John Wiley, Lewis W. Goen, A. R. West, Jed Lake, Oscar C. Fox, Heman F. Robinson, William H. Chase, Joseph L. Galt, Hamilton Ward, Julia A. Green, Jud- son C. Nelson, Ceylon H. Lewis, John Vandenburgh, (two depositions of his in the Hovey suit being presented, although the notice in this suit mentions his name only once as a witness,) W. T. Blanchard, Clinton D. Bouton, Jesse M. Blanchard, John S. Cornue, Matthias Van Hoesen, Seth Aldrich, Gerrit S. v.8,no.4— 18 ��� �