Page:Federal Reporter, 1st Series, Volume 3.djvu/905

898 FEDERAL REPORTBB, �tenns of section 5075, and therefore the remainder of the debt could not be proyed, if this provision bas the positive quality which is ascribed to it. Yet tbere are cases in wbich it is of the greatest importance for ail parties that a sale should be made at sucb a time. Ses Re Grinnell, 9 N. B. E. 137. �The secured creditor, af ter ail, bas the most direct and vital interest in the security, and is the principal sufferer if an opportunity for realizing it is lost. These creditors were in a difficult position, and having exercised in good f aitb tbeir best discretion, at a time conceming wbich this section of the statute is silent, and having realized a considerable sum, wbich at the time seemed to be a clear gain from an utterly worth- less security, we are of opinion that the district judge had the power, and bas well exercised it, of confirming the sale as if made after the confirmation of the assignees, and by previous authority, and that the proof for the remainder of the debt should be allowed ; and it is so ordered. ���Faulks and others v. Kamp and another. �(Cvrcuit Court, S. D. mw York. , 1880.) �1. Patent Right — Sale— Implibd Wabbantt. — The sale of a paten* �right creates an implied warranty as to title. �2. Bame — Samb— Same. — Such warranty grows out of the sale, and not �out of the form of the conveyance. �3. Bame— Same — Same — Aftbr-Acquired Title. — In such case the war- �ranty draws to it any after-acquired right or title of the warranter. �In Equity, �Chas. N. Judson and E. H. Benn, for complainants. �J. C. Clayton, F. J. Fithian, and E. S. Bacbock, for defend- ants. �Wheeleb, D. J. This suit is brought for relief against infringement of letters patent No. 68,282, dated August 27, 1867, and granted to the defendant Charles Brown for an im- ����