Elizabeth Walker, the devissee of Robert Walker who had passed away, was in a legal dispute with Francis T. Taylor, William Robinson, William E. Sablett, Thomas Cook and John M. Cresup - all trustees of the Town of Columbus. The case revolved around Elizabeth's claim that she owned certain lands which were located within the boundaries of said town; however this ownership was disputed by the defendants on grounds that they held title to those same lands under an act from 1833 granting them authority over such properties as part of their duties as trustees for said town. After much deliberation and review by both sides it was ultimately decided that Elizabeth did indeed have rightful ownership over these lands due to her inheritance from Robert Walker prior to his death and thus could not be taken away or claimed by any other party without her consent or proper compensation being provided first according to law at the time.

In the dissenting opinion of Elizabeth Walker, devisee of Robert Walker v. Francis T. Taylor et al., Justice McLean argued that the plaintiff had a right to recover damages for her property taken by the defendants under an act passed in 1845 which authorized them to take possession and control of certain lands within their town limits. He reasoned that although this act was unconstitutional, it did not affect any rights acquired prior to its passage; therefore, he concluded that since Mrs. Walker's title vested before 1845 she should be allowed to recover damages from those who wrongfully took her land without compensation or due process of law. Furthermore, Justice McLean asserted that if such acts were deemed valid then no one would have security in their property as laws could be changed at any time with impunity and citizens would have no protection against arbitrary power exercised by government officials over private individuals' possessions without just cause or legal authority.