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This Supreme Court case involved a dispute between De La Fayette Wilcox and John Jackson over the demise of Murray M'Connel. Wilcox had purchased land from M'Connel in 1833, but when he attempted to take possession of it, Jackson claimed that he was the rightful owner due to an earlier agreement with M'Connel. The lower court ruled in favor of Jackson, so Wilcox appealed to the Supreme Court. After examining both sides’ arguments and evidence presented at trial, the justices determined that there was no proof that either party had any legal right or title to the property; thus they reversed the decision of lower court and dismissed all claims against each other without prejudice. In their ruling, they also noted that since neither side could prove ownership rights over this particular piece of land, it should remain unoccupied until such time as one party can demonstrate valid title through proper documentation or by some other means recognized under law.
In the case of De La Fayette Wilcox v. John Jackson, on the Demise of Murray M'Connel, Justice McLean delivered a dissenting opinion. He argued that although it was true that the defendant had not paid for his purchase in full at the time he took possession of it, this did not constitute an absolute forfeiture as there were other circumstances to consider. The plaintiff had accepted partial payment and allowed him to take possession with a promise to pay off any remaining balance within two years; however, when Jackson failed to do so after multiple requests from Wilcox's agent, only then did Wilcox declare a forfeiture and demand immediate payment in full. In addition, Justice McLean noted that if such action was taken against every purchaser who failed to make timely payments under similar arrangements between parties without taking into account their individual circumstances or providing them with reasonable notice before declaring a forfeiture would be unjustified and oppressive. Therefore he concluded that since no adequate opportunity was given for Jackson to fulfill his obligations under their agreement prior to its being declared forfeit by Wilcox's agent - even though they may have been legally entitled - justice demanded otherwise in this particular instance