Page:Federal Reporter, 1st Series, Volume 1.djvu/704

696 FEDERAL REPORTER. �If the interpretation given to the rulings of the supreme court of Missouri by the counsel for defendants is the true one, 1 do not hesitate to say that this court cannot follow those rulings. The statute, thus construed, would be in direct confiict with a •well-settled rule of equity jurisprudence as understood and administered in the federal courts for many years. It would require this court to hold that, in a case where the demand happens to be against an estate, a party who has committed à fraud may consummate it beyoud the possibility of remedy by concealing it. This seems to me to be a proposition that no court of equity can, -with propriety, maintain, if left free, as this court is, to consider it upon the merits. In cases where ■the federal eourts follow, in equity, the state statutes of limitation by analogy, they do so be- cause equity requires it, and the statutes are found to be in harmony with its general principles. �The rule that the statute of limitations does not run in favor of one who perpetrates a fraud while he conceals it from the party injured, as a general doctrine of equity juris- prudence, is too well settled to require the citation of author- ities. �The demurrer to the biU is overruled. ���United Htates v, Loup- �{Oircuit Court, E. D. Missouri. April 3, 1880.) �Internai, llavENUB — Posssession oi' Pahïs op Stamps Pkeviously USBD ON Snctf Jajis— Rbv. St. } 3376.— The possession of parts of internai revenue stamps which had been previously used upon snufiE jars does not constitute an ofEence within the terms of section 3376 of the revised statutes, relating to the fraudaient possession of cancelled stamps, although the facts indicated a fraudaient purpose upon the part of the defendant. �Case certified -up to the circuit court after trial and verdict in the district court �William H. Bliss, District Attomey, for the prosecution. John H. O'Neil, for defendant. ��� �