Sinae the court's finding announced for the complainants, other creditors have ,asked to be made parties to the suit as co-complainants. This may be done, but these creditors will be postponed in favor of complainants. Weed v. Pierce, 9 Cow. 722.
BOWMAN v. WILSON, Assignee.
(Oircuit Oourt, W. D. Mi880uri.)
CLAnr. Interest is never allowed where, by order of a court of competent jurisdiction, or by the interposition of the law, or the act of the creditor, payInent of the debt has been It is allowed where the debtor is in default and has the use of claimant's money; but where the fund is in the custody of the law, and cannot be paid out without an order of court, it does not ordinarily bear interest. '
Bill of Review. L. F. Parker, for complainant·. B. 13. Kingsbury, for MCCRARY, C. J. Interest is allowed upon the ground that the debtor is in default and has the use of olaimant's money. It is never allowed where, by the order of a court of competent jurisdiction, .or by the interposition of the law, or the act of the creditor, payment <?f a debt been prevented. During the continuance of such prevention the interest does not If a fund is in the custody of,the law-in the possession of a court-and cannot be paid out without the order of such court, it does not ordinarily bear interest. I know of no principle of law or equity upon which the interest claimed can be allowed .at the expense of the general unsecured creditors,. who are certainly in nowise responsible for the delay in making the final order of distribution. 1 Am. Lead Cases. (3d Ed.) 516 et seq. Demurrer to bill sustained. Decree for respondent.
WELL PACKER CO. v. EATON, ETC., CO.
CONSOLIDATED OIL WELL PACKER CO., (Limited,) v. EATON, COLE & BURNHAM CO.
(C't"rcuit Court, D. Oonnecticut. duly 20,1882.)
P A.TENTB FOR INVENTIONS. Where plaintiff, when suit was commenced, owned the patent, ttnd owned the entire interest in the claim for profits and for damages for past infringements, he may recover for infringements committed before he owned the patent.
George Harding, for plaintiff. James C. Boyce, for defendant.
SHIPMAN, D. J. This is a bill in equity to restrain the defendant from the further infringement of reissued letters patent, dated Feb· ruary 6, 1877, to H. H. Doubleday, assignee by mesne assignments of Owen Redmond; also of reissued letters patent,dated July 3,1877, to H. H. Bliss, assignee of John R. Cross; also of reissued letters pat· ent, dated July 25, 1876, to H. H. Doubleday, assignee of Francis Martin; also of reissued letters patent, dated November 12, 1878, to Alonzo H. Fowler; the original patent being to said Fowler and Ed.' ward J. Morgan, and said Fowler being the assignee of said Morgan. All the patents are for improvements in packing for oil or deep wells. The bill also prays for an accounting of the profits and damages aris. ing from prior infringements. The original patents were issued as follows: The Redmond patent, upon October 30, 1866; the Cross patent, upon February 7, 1865; the Martin patent, upon September 12, 1865; and the Fowler and Morgan patent, upon November 1865. Oil wells formerly had ordinarily a diameter of about five and one· half inches, and were lined with an iron tube of about two and onehalf inches in diameter. The space between the tube and the walls of the well must be closed at some point between the oil-producing rock and the water fissures, else the surface water would prevent the oil from flowing into the well. The common method of shutting off this water was to use a leather bag "of about the same diameter of the bore of the well, and from four to six feet in length. This bag was placed on the outside of the tubing, and located at such point on the tubing as had been previously determined would shut off the surface water, the bag being secured to the tubing by being tied with string at its lower end. It was then filled with flaxseed and loosely tied to the tubing at its upper end." The tube was lowered into the well, v.12,no.l0-55