Henry Miller, Administrator of George Miller, Deceased was the plaintiff in error and Betsey Herbert and Caroline Herbert were defendants in error. The case revolved around a dispute between Henry Miller as administrator of his deceased brother’s estate and the Herberts who had purchased land from George before he died. At issue was whether or not the Herberts had received clear title to their purchase when they bought it from George prior to his death. The Supreme Court held that since there was no evidence that any other party had a claim on the property at the time of its sale by George, then Betsey and Caroline did have clear title to their purchase despite him dying shortly after selling them said property. This ruling established an important precedent for future cases involving real estate transactions where one party dies shortly after making such transaction with another party; if no other parties can prove ownership over said real estate then those who purchased it will be granted full legal rights over said property regardless of subsequent deaths occurring afterwards.

In the dissenting opinion of Henry Miller, Administrator of George Miller, Deceased v. Betsey Herbert and Caroline Herbert, Justice McLean argued that the court should have found in favor of the plaintiff on his claim for damages due to a breach of contract. He believed that there was sufficient evidence presented by both parties to establish an agreement between them and therefore it could not be denied that a contract existed between them. Furthermore, he argued that even if some uncertainty remained as to whether or not such an agreement had been made, then under Virginia law at the time it would still be binding upon both parties since they had acted in good faith with regards to their dealings with each other. Therefore he concluded that justice required awarding damages for any losses suffered by either party due to this breach of contract.