In the case of Jonathan W. Nesmith and Thomas Nesmith v. Thomas C. Sheldon, Horace H. Comstock, David French, William E. Peters, James Forton, Alta E. Mather, Henry B. Holbrook Samuel P Mead Francis E Eldred Phoebe Ann Dean Cullen Brown the complainants sought to recover damages for a breach of contract in which they had purchased land from the defendants but were not given title to it as promised by them in their agreement with the defendants . The court found that although there was evidence presented that showed an agreement between both parties ,the complainants failed to prove any damages suffered due to this breach of contract and thus dismissed their claim against all defendants .

In this case, the Supreme Court was asked to decide whether a certain tract of land in California belonged to Jonathan and Thomas Nesmith or to the defendants. The majority opinion held that title should be awarded to the defendants because they had been in possession of it for many years prior. However, Justice McLean dissented from this decision on two grounds: firstly, he argued that there was insufficient evidence presented by either party regarding their respective claims; secondly, he noted that even if one side did have superior rights over the other, those rights were not established until after California became part of the United States and thus could not be used as a basis for determining ownership before then. In conclusion, Justice McLean believed that more information needed to be provided before any ruling could be made with certainty.