To this supplementary petition a demurrer was interposed, which was sustained by the court below, and judgment was given for one half of the grant in favor of the heirs of Watkins, and for the United States as to the other half. The United States appealed from the first part of the decree, and Melanie Bringier appealed from the latter part.

We see no reason for sustaining the appeal of the government. The fact that Simpson and Watkins were tenants in common of undivided moieties in the land, can produce no inconvenience in making a decree in favor of Watkins's heirs for one-half of the amount of land in controversy. All, or nearly all of it, has been disposed of by the government, and the requisite amount of certificates of location can be awarded to them for their share therein. This they ask, and it is equitable and just that they should have it.

As to the share of Simpson, there is greater difficulty. By the admission of Melanie Bringier, she has parted with all title to the lands. It is evident that no decree can be made in her favor. The heirs of Innerarity have already been before the court, and their claims have been rejected. United States v. Innerarity, 19 Wall. 595. On the whole, we think that the decree of the District Court ought to stand.

As to the point made by the government, that the lands in question were not sold by the United States to third parties, but were donated to settlers thereon; and that, therefore, the case does not come within the words of the act of 1860, granting to successful claimants other public lands in lieu of those claimed, we do not think that this objection is tenable. If the government has disposed of the lands in any manner, we think the fair interpretation of the act is, that the claimant should have other lands in lieu thereof. As we have so held in several other cases, we do not deem it necessary to discuss the subject further. The act may well be construed alongside of other acts in pari materia, where the words "sold or otherwise disposed of" are expressly used. They are all within the same mischief and the same reason.

Decree affirmed.

HYNDMAN v. Roots.

This case involves merely questions of fact; and the court finds that letterspatent No. 106,165, granted Aug. 9, 1870, to William G. Hyndman, for an "improvement in rotary blowers," infringe the first, second, third, and fourth claims of reissued letters-patent No. 3570, granted July 27, 1869, to P. H. Roots and F. M. Roots, for an "improvement in cases for rotary blowers," upon the surrender of original letters No. 80,010, dated Aug. 11, 1868.

APPEAL from the Circuit Court of the United States for the Southern District of. Ohio.

The facts are stated in the opinion of the court.

The drawings of the machines of the respective parties therein referred to are as follows:

MR. JUSTICE SWAYNE delivered the opinion of the court. This is a case in equity. The bill is founded upon two patents. One of them is reissue No. 3570. It bears date on the 27th of July, 1869. The original of this reissue-No. 81,010bore date on the 11th of August, 1868. The other patent is dated June 21, 1870. It is numbered 104,585, and was issued to the appellees as the assignees of Hardy and Wood, the alleged inventors.

The bill was dismissed, as to this latter patent, at the hearing, and no appeal was taken. It may, therefore, be laid out of view, and will not be again adverted to. The other original patent and the reissue are for improvements in cases for rotary blowers.

The bill charges infringement, and prays for an injunction and a decree for profits and damages. The answer denies the novelty of the alleged invention; denies that the reissue is for the same thing as the original patent; denies that the complainants were joint inventors, if inventors at all; and denies infringement.

Such were the issues made by the appellant in the court

below. That court found all of them in favor of the appellees, and decreed accordingly.

Here the same points have been insisted upon.

In relation to all of them, except the one last mentioned, we deem it sufficient to say that we concur with the court below. We think the evidence leaves no room for a reasonable doubt as to either of them. The questions are questions of fact. No legal proposition is involved. To analyze the testimony in order to vindicate our conclusions would serve no useful purpose. Our further remarks will be confined to the subject of infringement. That is the hinge of the controversy between the parties.

It is difficult to convey clear ideas of complex machinery by any description that can be given. Drawings are more effectual, and models are still more so. If the model be full and accurate, it is, indeed, the thing itself in miniature.

The appellees, as the case is before us, confine their claims to improvements in the shell or case of blowers. The internal mechanism is in no wise in question. They say the objects of their invention were to avoid the necessity of boring out the interior concave surfaces of the case, and of facing off or planing the head-plates, and to render it practicable to cast the entire outside casing in one piece. They describe two modes of making the blower-heads true. One is to form them into planes at right angles to the shafts of the abutments, parallel with each other, equidistant from each other in all their parts, by giving to the inner surface of each plate a coating of plaster of Paris, hydraulic cement, or other material, having like plastic properties. This is suited to blowers of the smaller sizes. When this method is used, the plaster of Paris may be put on while in a plastic condition, by means of a sweep made to turn in the boxes of the blower-shafts, so that it will shape the linings of the ends as may be desired.

The second method is to use inside or secondary metal plates made in their outlines to conform to the interior of the case, and to face or plane them off so as to make them perfectly true. A space is left between these secondary plates and the ends of the case, which is filled with plaster of Paris of the proper consistency. After the plaster has set, the plates are secured