Page:Federal Reporter, 1st Series, Volume 2.djvu/365

358 FEDERAL REPORTER. �ents, to the plaintiff's intestate, and others to tlae Secombe Manufacturing Company, of which he was president; that the Secombe Manufacturing Company and he, president, joined in a re-assignment to her, which, by the contract, was not to, and by what the plaintiff claims to be its true con- struction does not, include thia one; bijt that, if by any con- struction this one is included, the assignment was drawn to include it by the fraud of her agent ; that she had assigned it to the defendant Campbell, who had obtained a decree against the defendant James for an account of profits and damages for infringement ; and prays that if the instrument of re-assignment is held to include this patent, it may be reformed so as not to include it, and that the profits and damages be decreed to the plaintiff. �The defendant Campbell has pleaded to so much of the bill as alleges fraud in making the instrument of re-assign- ment; that he is a bonajide purchaserof these letters patent, from Helen M. Ingalls, for a "good and valuable considera- tion, to-wit, a certain sum of money then advanced and paid by him to her," "without notice of the fraud. This plea was set down for argument by the plaintiff, and the argument has been heard. There is no fair question but that the fact that the defendant was such a purchaser for a valuable considera- tion, without notice, would be a sufïicient reason for his not answering that part of the bill, and be a good plea to it. Story's Eq. PI. § 805. The titles to patents are required by law to be recorded, and a purchaser has the right torely upon the apparent record title, so long as he actsin goodfaith, the same as the purchaser of real estate has where the title is required to be so shown. In either case the purchaser must have parted with a consideration large enough to make it in- equitable for him to be required to give up the property to one ■who has not the apparent legal title. Boom v. Chiles, 10 Pet. 177. �In this plea there is no allegation of the consideration paid other than the one recited. The words "good and valuable" may refer to what would be good and valuable between the parties, which might be very slight, and a certain sum of ����