tire property of the land company, as having | veyed to Withrow, "lands, lots, notes, conbeen awarded to him. If this claim of an in- tracts and mortgages" are specified as awarded terest in the property had been a false and fraud- and set apart to him. So far as the real propulent one, set up to defraud others, we should erty is concerned, no trust in relation to it could expect some denial of it from Tracey; but in- be established under the Statute of Frauds of stead of that we find its correctness affirmed by Iowa in force when the deed of Tracey was him. It is difficult to believe that a claim for signed, except by an instrument in writing exeproperty, estimated at the time to be worth cuted in the same manner as a deed of convey$40,000, would have received recognition from ance. The language of the statute is "Declaraone who, if the claim was fraudulent, knew it tions, or creations of trust, or powers in relation to be so. On the contrary, we should expect to real estate, must be executed in the same that it would meet with instant and indignant manner as deeds of conveyance, but this prorepudiation. vision does not apply to trusts resulting from the operation or construction of law." The statute also enumerates, among the contracts in reference to which no evidence is competent unless it be in writing and signed by the party or his lawfully authorized agents, "those for the creation or transfer of any interest in lands, except leases for a time not exceeding one year." But if we admit the statement of the complainants as to the alleged promise of Tracey to give his interest in the property of the land company to Mrs. Allen and as to the execution of the two deeds, the one in blank and the one to Withrow, there is no case shown for the relief prayed by the bill. The promise alleged to have been made in conversation with Allen and his daughter on the trip to St. Paul was without consideration, good or valuable; there was no relationship, by blood or marriage, between Mrs. Allen and Tracey. It was the promise of a pure donation to be subsequently made; and, until executed, it was, in a legal view, valueless. made or is held in execution of the purposes declared. Declarations of a purpose to create a trust not carried out are of no value, nor are direct promises to that effect unaccompanied with considerations turning them into contracts. So far as the personal property conveyed to Withrow is concerned, it must be admitted that a trust may be established by parol evidence; but such evidence must be clear and convincing; not doubtful, uncertain and contradictory, as in this case. The evidence must consist of something more than loose conversations with third parties. The declarations of the grantor The deed in blank passed no interest, for it relied upon must be made at the time of his had no grantee. The blank intended for the conveyance or whilst he retains an interest in name of the grantee was never filled, and until the property, and be so connected with the confilled the deed had no operation as a convey-veyance as to justify the conclusion that it was ance. It may be and probably is the law in Iowa, as it is in several States, that the grantor in a deed conveying real property, signed and acknowledged, with a blank for the name of the grantee, may authorize another party, by parol, to fill up the blank. Swartz v. Ballou, 47 Iowa, 188; Van Etta v. Evenson, 28 Wis., 33; Field v. Stagg, 52 Mo., 534. As said by this court in Drury v. Foster, 2 Wall., 33 [69 U. S., XVII., 781]: "Although it was at one time doubted whether a parol authority was adequate to authorize an alteration or addition to a sealed instrument, the better opinion at this day is, that the power is sufficient." But there are two conditions essential to make a deed thus executed in blank operate as a conveyance of the property described in it; the blank must be filled by the party authorized to fill it, and this must be done before or at the time of the delivery of the deed to the grantee named. Allen, to whom it is stated the deed was handed, with authority to fill the blank and then deliver the deed, gave it to his wife without filling the blank, and she died with the blank unfilled. The deed of Tracey to Withrow embraced real as well as personal property. It was for the purchase and sale of real property that the land company was formed, and by the terms of the contract of association all the property of the company remaining after payment of taxes, expenses and advances, was to be deemed profits, and divided in kind or converted into money and then distributed. Though the declaration of trust by Ebenezer Cook speaks of the interest of Tracey in the land company as an interest in its "profits," that term is used with reference to its meaning as declared in the contract of association, to which that declaration of trust refers, and to which it is annexed. In the partition by the decree of the Circuit Court of the United States of the interest con The deed of November 16 was handed to Ransom to be delivered to Withrow without any declaration from Tracy as to the purpose for which it was made or the considerations by which it was supported. Nothing was said at that time which could change the absolute character of the instrument, nor is there any evidence of any declarations subsequently made by parol or in writing, by the grantor with respect to that deed, except such as are found in the communication to Scott and the deed to him. It does not affect the conclusion, therefore, whether we treat the whole property conveyed to Withrow as real or personal property or as consisting of both. Real property owned by a partnership and purchased with partnership funds is, for the purpose of settling the debts of the partnership and distributing its effects, treated in equity as personal property. It matters not whether it be so treated here. In any view, no legal trust was created with respect to the property in favor of Mrs. Allen which she could have enforced had she been living, or which can now be enforced by her heirs in law. Decree affirmed. True copy. Test: James H. McKenney, Clerk, Sup. Court, U. S. ESEK BUSSEY ET AL., Appts., v. A and reservoir C, of the small opening a, the sheet flue G under the entire bottom of the reservoir, and the small exit passage or pipe E, all substantially as and for the purposes herein set forth," are void EXCELSIOR MANUFACTURING COM- for want of novelty. PANY. 4. The claims of letters patent No. 142934, granted to said Nation and Little, September 16, 1873, for an improvement in reservoir cooking stoves, namely: "1. The detachable base pan or flue shell D, attached to the body at a point near the center of the back plate of the stove, by means of hooks a a cast on the base pan, and pins b b on the stove body, substan EXCELSIOR MANUFACTURING COM- tially for the purposes herein set forth; 2. The port PANY, Appt., v. ESEK BUSSEY ET AL. (See S. C., Reporter's ed., 131-146.) able reservoir F, with the flue E in the rear side, in combination with the portable base pan or flue shell D, substantially as and for the purposes herein set forth; 3. The combination, with a three flue stove having damper H arranged as described, of the portable base pan or flue shell D and warming closet G, all substantially as and for the purposes herein set forth," are void for want of novelty. 5. There was no invention, in claim 1, in using, to attach the base pan, an old mode used in attaching other projecting parts of the stove. Letters patent, construction of-infringement of 6. Claims 2 and 3 are merely for aggregations of [Nos. 180, 181.] Argued Jan. 8, 1884. Decided Jan. 21, 1884. APPEALS from the Circuit Court of the Unit ed States for the Eastern District of Mis souri. The history and facts of the case fully appear in the opinion of the court. Mr. Charles J. Hunt, for complainants. Messrs. S. A. Duncan and S. S. Boyd, for defendant. Mr. Justice Blatchford delivered the opinion of the court: *1. The first four claims of re-issued letters patent No. 3815, granted to Esek Bussey and Charles A. McLeod, February 1, 1870, for a "cooking stove," the original patent, No. 56686, having been granted to said Bussey, as inventor, July 24, 1866, and re-issued to him, as No. 3649, September 28, 1869, namely: "1. A diving flue cooking stove with the exit fue so constructed as to inclose on the sides and bottom the culinary boiler or hot water reservoir B; 2. A diving flue cooking stove with the exit flue constructed across the bottom and up the rear upright side of the culinary boiler or hot water reservoir B; 3. A diving flue cooking stove constructed with an exit passage, F, below the top of the oven, and an exit flue, E E', in combination with an uncased reservoir, B, attached to the rear of the stove, and placed just above such exit passage, and so arranged that the gases of combustion, in passing through such exit flue, will impinge upon or come in direct contact with said reservoir, substantially as and for the purposes herein before specified; 4. An exit passage, F, constructed in the rear of a diving flue cooking stove and below the top of the oven, in combination with an uncased reservoir, B, attached to the rear of the stove, the bottom of which reservoir is also below the top of the oven, and so arranged that the gases of combustion will come in contact with, and heat such reservoir by, a direct draft from the fire box to the smoke pipe," are limited to a structure in which the front of the reservoir has no air space in front of it, and in which the exit flue does not expand into a chamber at the bottom of the reservoir, and in which the vertical part of the exit flue does not pass up through the reservoir. 2. Hence, those claims are not infringed by a stove in which, although there are three flues, and an exit passage below the top of the oven, and a reservoir the bottom of which is below the top of the oven, no part of the rear end vertical plate is removed so as to allow the gases of combustion to come into di-provement in reservoir cooking stoves. After rect contact with the front of the reservoir, nor is any such plate employed as the plate w w of the patent, but there is a dead air space between the rear plate of the flue and the front of the reservoir, and the exit flue is not a narrow one, carried across the middle of the bottom of the reservoir, as in the patent, but the products of combustion, on leaving the flue space, pass into a chamber beneath the reservoir, the area of which is co-extensive with the entire surface of the bottom of the reservoir, and the vertical passage out of such chamber is not one outside of the rear of the reservoir, but is one in and through the body of the reservoir, and removable with it. This is a suit in equity brought in the Circuit Court of the United States for the Eastern District of Missouri, by Esek Bussey and Charles A. McLeod against the Excelsior Manufacturing Company of St. Louis, a Corporation, for the infringement of 3 several letters patent, being: 1, re-issue No. 3815, granted to the plaintiffs, February 1, 1870, for a cooking stove, the original patent, No. 56686, having been granted to said Bussey, as inventor, July 24, 1866, and re-issued to him, as No. 3649, September 28, 1869; 2, letters patent No. 142933, granted to David H. Nation and Ezekiel C. Little, as inVentors, September 16, 1873, for an improvement in reservoir cooking stoves; 3, letters patent No. 142934, granted to said Nation and Little, as inventors, September 16, 1873, for an im an answer and proofs, the circuit court made a decree finding no infringement of No. 3815and dismissing the bill as to that patent; decreeing that the other two patents were valid and had been infringed as to all their claims and awarding a perpetual injunction as to those claims and an accounting before a master. The master reported one cent damages. The plaintiffs excepted to the report, claiming $14,972 damages. The court confirmed the report and made a decree accordingly, which also provided that the entire costs to be taxed in the suit should be divided and that the plaintiffs should pay of them and the defendant 4. Both parties appealed to this court. 3. The claim of letters patent No. 142933, granted to David H. Nation and Ezekiel C. Little, as inventors, September 16, 1873, for an improvement in reservoir cooking stoves, namely: "1. The combination, with the back plate I of the cooking stove A, of the reservoir C, arranged on a support about midway between the top and bottom plates of the stove, and The specification in No. 3815 says: “Figure the air chamber b between the stove back and reser-1 is a side elevation; Figure 2, a rear elevation; voir front,open at the top, and communicating with the air in the room, substantially as and for the purposes set forth; 2. The combination, with the stove *Head notes by Mr. Justice BLATCHFORD. Figure 3, a plan; Figure 4, a vertical section at the line 2 z; Figure 5, a front view of a section at the line y y; and Figure 6, a top view of a partial section at the line xx, all of a cooking stove embodying my said invention, like parts be- | interfere with the process of baking. To obviate ing marked by the same letters in all the figures, this, I employ the thin plate w w, placed between and the arrows therein being indicative of the the front of the reservoir and the said rear end courses in which the gases of combustion pass vertical flues, and which, while it allows suffithrough the stove. [See cuts opposite.] One part cient heat to pass through it to aid in heating of my invention consists in arranging a culinary the boiler, protects the front thereof from the boiler or hot water reservoir in the rear of the direct impact of the gases of combustion and oven of a diving flue cooking stove, with an exit preserves an equable heat in the oven. In case flue extending down the front under the bottom the said plate is dispensed with, the inner side and up the rear of the said reservoir, substantial- J of the said boiler will form a part of the lateral ly as hereinafter described and specified. It al- rear casing of the said rear end vertical flues, so consists in arranging a culinary boiler or hot and will be heated by direct contact with the water reservoir in the rear of the oven of a div- gases of combustion as they pass down and up ing flue cooking stove, with an exit flue leading the same. M is the fire box, and N and R the from some point in the rear of the vertical flue top and bottom flues of said stove. The operaor flues below the top of the said oven, and con- tion of my said invention is as follows: a fire tinuing under the bottom and up the rear side being kindled in the fire box M, and the damper of said reservoir, substantially as hereinafter de- Qat the top of the oven being open, so as to allow scribed and specified. It also consists in the ar- of a direct draft, the gases of combustion from rangement of a diving flue cooking stove, with the said fire box will pass down the middle veran exit passage constructed in the vertical rear tical flue K, through the exit passage F and exit flue or flues thereof, and below the top of the flue E E', to the smoke pipe I, heating the conoven, in such a manner that the gases of com- tents of the reservoir in its passage through the bustion, after passing through such exit pas- exit flue, as aforesaid. By this mode of consage, will impinge upon or come in contact with struction I am enabled to obviate what has been the bottom or sides of a reservoir placed in the heretofore the greatest objection to reservoir rear of the stove, and just above said exit pass- stoves of this class, namely: that the reservoirs age, substantially as hereinafter described and would not heat with a direct draft. It will also specified. It also consists in the employment of be observed that, by this device of constructing a thin plate or sheet of metal between the front the exit passage below the top of the oven, I can plate of the reservoir and the rear end vertical at the same time by a direct draft heat the rear flues of the said stove, substantially as shown side of the oven and the reservoir, instead of and specified. In illustration of my invention, wasting the heat by carrying it directly to the the aforesaid drawings represent a cooking stove chimney. When the damper Q is closed, for the having an oven, A, a culinary boiler or hot wa- purpose of heating the oven, the gases of comter reservoir, B, arranged opposite to the rear bustion will pass down the side vertical flues upright side or end d of the oven, and an exit L L' and under the bottom of the oven, returnflue, E E', extended from the central vertical ing through a central horizontal flue to the cenflue K of said stove at a point below the top of tral vertical flue K, from which they pass the oven, under or across the bottom g of the through the exit flue E E', as aforesaid." I am reservoir, and from thence up along the rear up- aware that cooking stoves have been in use in right side of said boiler or reservoir to the draft which the reservoir has been incased or inclosed pipe I. For the purpose of allowing the boiler on all sides except the top by a kind of expanded to heat more readily, a portion of the rear end flue, through which the gases of combustion are vertical plate of said stove is removed, so as to made to pass. The advantages of my plan over uncover the upper portion of the rear end ver- this device are twofold: first, it is much more tical flues, and the front of the boiler is attached economical, requiring far less material and lato the rear of said flues, in the manner shown bor to construct it; and, second, by confining and described in my re-issued patent of July 24, the heat and gases of combustion to a small 1866. Between the inner side of the boiler B space at the bottom and rear of the reservoir, the and the rear end vertical flues K and L L', a contents thereof will be much more effectually plate may be employed, indicated by dotted line heated than where the products of combustion 20 20. The object of this plate is as follows: it are admitted to an extensive flue space and perhas been ascertained by experience that when, mitted to rise and expend their heat at or near during the use of the oven for baking purposes, the top of the reservoir." a large quantity of cold water is suddenly poured into the reservoir and there is nothing between the front of the boiler and gases of combustion passing through the rear end vertical flues, the heat of the said gases will be so much absorbed by the reservoir as to sensibly cool the oven and 96 The claims of the patent, the first 4 only of which are alleged to have been infringed, are as follows: "1. A diving flue cooking stove with the exit flue so constructed as to inclose on the sides and bottom the culinary boiler or hot water reservoir B. 2. A diving flue cooking 110 U. S. |