In this case, William M. Gwin, Marshall of the Southern District of Mississippi, brought a suit against James H. Breedlove for trespass and ejectment from land that was owned by Gwin’s father-in-law at the time of his death in 1835. The Supreme Court held that under Mississippi law, when an individual dies intestate (without leaving a will) and leaves behind real estate with no heirs or devisees to inherit it, then title passes to the state as “bona vacantia” (ownerless goods). As such, Gwin did not have legal title to the property he claimed Breedlove had trespassed upon and thus could not bring suit against him for ejectment. This decision established precedent regarding how unclaimed property is handled in cases where there are no surviving heirs or devisees who can claim ownership rights over it.

In the case of William M. Gwin v. James H. Breedlove, Justice McLean delivered a dissenting opinion in which he argued that the plaintiff had not established sufficient grounds for his claim to be successful and thus should not have been granted relief by the court. He noted that while it was true that there were some irregularities in how certain documents were executed, these did not rise to a level where they could be considered as evidence of fraud or mistake on behalf of either party involved in this dispute over land ownership rights. Furthermore, Justice McLean argued that even if such irregularities existed, they would only serve to invalidate any contracts made between the parties rather than providing an avenue for one side or another to gain title over disputed property without having previously held legal title thereto prior to entering into said contract(s). As such, he concluded that since no proof had been presented showing any fraudulent activity on behalf of either party nor any other valid basis upon which relief could be granted under existing law at the time; then judgment must go against Mr Gwin's claim and instead favor Mr Breedlove's position as rightful owner of said lands based upon his pre-existing legal title thereto before entering into any agreements with Mr Gwin regarding same