In the case of Angelina R. Eberly and Peyton Lytle, by his next friend A. B. Eberly v Lewis Moore and Charles Raylon, the plaintiffs in error alleged that they were entitled to a tract of land located in Texas which was originally granted to them by Stephen F Austin under an empresario contract with Mexico prior to 1836 when Texas declared its independence from Mexico. The defendants argued that since the grant had been made before Texas became independent it was void as it violated Mexican law at the time which prohibited grants being made without permission from higher authorities such as Spain or Mexico itself. The Supreme Court held that although there may have been some technical violations of Mexican law at the time, these did not invalidate any rights acquired through those grants so long as all other requirements for acquiring title were met including possession and cultivation of said lands according to local laws and customs applicable at the time; thus affirming their right over this particular tract of land despite any irregularities concerning its original acquisition

In the dissenting opinion of this case, Justice Nelson argued that the plaintiffs had no right to bring their action against Moore and Raylon. He reasoned that since they were not parties to the original contract between Eberly and Moore, they could not be held liable for any breach of it. Furthermore, he noted that even if there was a breach by either party in the original agreement, it would have been up to Eberly alone to pursue legal remedies against them. As such, Nelson concluded that neither Moore nor Raylon should be held responsible for any damages incurred as a result of their actions or lack thereof.