In the case of Den ex dem. Walker v. Turner, a dispute arose between two parties over land ownership in Kentucky. The plaintiff, Walker, had purchased the land from one John Brown and was granted a deed to it by him in 1817; however, Turner claimed that he had previously acquired title to the same property from another individual named William Smith who held an earlier deed for it. The Supreme Court ultimately found in favor of Walker on grounds that his claim was based upon a valid grantor-grantee relationship with Brown and thus took precedence over any prior claims made by other individuals such as Smith or Turner. Furthermore, since no evidence could be produced showing that either party had taken possession of the property before 1817 when Walker's purchase occurred, he was deemed its rightful owner according to established law at the time.

In the case of Den ex dem. Walker v. Turner, Chief Justice Marshall delivered a dissenting opinion in which he argued that the court should not have granted a writ of error to review an order from the Circuit Court for Virginia. He believed that such orders were not subject to review by this court and thus it was improper for them to grant one in this instance. Furthermore, he noted that if they had done so then there would be no limit on their power as they could issue writs of error whenever they chose without any regard for whether or not it was appropriate or necessary under existing law. As such, Marshall concluded that granting a writ of error in this case was beyond their authority and should be reversed accordingly.