Carson

The original bül of complaint for infringement of the claims of two patents and for damages was filed in the court below on November 14, 1921. On February 1, 1923, and before the trial in that court, the plaintiff in the suit assigned in writing to one Robert Hays Smith a 25 per cent, interest in the patents in suit, and in aE proceeds of the patents, Etigation, and proceedings, including 25 per cent, of any and all recoveries, moneys, royalties, Eeense fees, and other things of value, collected for or by the plaintiff in the premises, in consideration of certain advances to be made by the assignee to defray the expenses of the Etigation, and to secure all parties in the performance thereof the plaintiff agreed to forthwith assign the patents and aE th$ said proceeds thereof to John Henry MEler, in trust, to hold the same and all moneys realized therefrom, or from the Etigation, or from the settlement or compromise thereof, and to distribute the same among the parties thereto, or to their assigns, in accordance with their respective interests as therein defined. On the following day the plaintiff executed a written assignment, wherein and whereby he transferred, assigned, and set…