In Davy's Executors v. Faw, the Supreme Court of the United States considered a case involving an executor’s right to recover money from a third party for debts owed by his testator. The plaintiff was appointed as executor of Thomas Davy’s estate and sought to recover $2,000 from defendant William Faw who had received it in payment for goods sold by Davy before he died. The court held that although there is no general rule allowing an executor to sue on behalf of their deceased principal, they may do so when necessary in order to protect or preserve assets belonging to the estate which are already in existence at the time of death. In this case, since Faw had received money due from Davy prior to his death and still possessed it after his passing away, then it could be recovered through legal action taken by the executor on behalf of the estate. Therefore judgment was entered against Faw for $2,000 plus interest and costs incurred during litigation proceedings

In Davy's Executors v. Faw, the Supreme Court was asked to decide whether a state court had jurisdiction over an action brought by citizens of one state against citizens of another in which the amount in controversy exceeded $500. The majority opinion held that such cases were within the exclusive jurisdiction of federal courts and could not be tried in state courts. However, Justice Johnson dissented from this decision on two grounds: firstly, he argued that there was no constitutional provision granting exclusive jurisdiction to federal courts; secondly, he maintained that even if there were such a provision it would only apply when Congress had passed legislation implementing it. He concluded by arguing that since Congress had not done so here then the case should have been heard in a state court as originally intended.