In the case of James D'Wolf, Junior vs. David Jacques Rabaud et al., the plaintiff argued that he had been wrongfully deprived of a vessel and cargo by defendants who were aliens and subjects of the King of France. The plaintiff claimed to have purchased said vessel from Andrew E. Belknap, a citizen of Massachusetts, in 1825 with an agreement for payment at a later date; however, when it was time to pay for his purchase in 1827, he discovered that another party had taken possession without any legal right or authority to do so. The Supreme Court ruled in favor of D'Wolf on grounds that there was no evidence presented which showed any title vested in anyone other than himself as purchaser from Belknap prior to his own claim being made known.

In the dissenting opinion of this case, Justice Story argued that the plaintiff had failed to prove his claim for a title deed. He noted that while there was evidence presented by the plaintiff in support of his claim, it did not meet the standard required to establish a legal title. Furthermore, he stated that even if such proof were provided, it would be insufficient as France had ceded Louisiana to Spain before any alleged grant from France could have been made and thus no valid French grant could exist after this point. Additionally, Justice Story asserted that since Andrew E Belknap was an American citizen and not subject to French law or jurisdiction at any time relevant to this case then he should not be held liable for any claims arising out of events prior to his citizenship status being established.