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DE LA VERGNE MACHINE CO. v. FEATHERSTONE

No. 1099.

147 U.S. 209 (1893)

13 S.Ct. 283

37 L.Ed. 138

DE LA VERGNE REFRIGERATING MACHINE COMPANY v. FEATHERSTONE.

Supreme Court of United States.

Decided January 9, 1893.

Attorney(s) appearing for the Case

Mr. Ephraim Banning and Mr. Edmund Wetmore for appellant. (Mr. Hubert A. Banning was with them on the brief.)

Mr. Solicitor General also filed a brief for appellant.

Mr. L.L. Bond, (with whom was Mr. C.E. Pickard on the brief,) for appellees.

MR. CHIEF JUSTICE FULLER, after stating the case, delivered the opinion of the court:

The grant was to "James Boyle, his heirs or assigns," and in this followed the language of section 4884 of the Revised Statutes. But although Boyle made the application, he was dead at the time the patent issued, and it was therefore held by the Circuit Court that the patent was utterly void for want of a grantee.

The reasoning of...

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