Thruston v. Masterson

Petition for a Re-hearing.

[By James G. Dana.]

The Circuit Court—held by a Judge eminent for his juridical talents and extensive legal attainments—in rendering its decision in this case, expressed the following opinion, upon its record:—

“The circumstances attending the conveyance from “Phillips, the patentee, to Masterson and Miller, are cal“culated to create a strong prejudice against that transac“tion. It can, however, confer no equity on the com“plainants, who claim against, and not under, that pat“ent; and this court cannot depart from sound princi“ples, even to defeat a gross fraud.…