Richard Raynall Keene sued Warren Whittaker and others in a case that went to the United States Supreme Court. The dispute was over an agreement between them concerning land in Kentucky. Keene claimed he had been promised title to certain tracts of land, but when he attempted to take possession of it, Whittaker refused him entry and asserted his own right as owner. The Supreme Court found for Keene, ruling that the contract between them was valid and enforceable under Kentucky law at the time. They held that since no fraud or mistake could be proven on either side, both parties were bound by their agreement regardless of any subsequent changes in ownership status or other circumstances affecting the property rights involved. This decision established important precedent regarding contracts made with respect to real estate transactions across state lines; it also set forth principles governing how such agreements should be interpreted if challenged later in court proceedings.

In the case of Richard Raynall Keene vs. Warren Whittaker and Others, Justice McLean delivered a dissenting opinion in which he argued that the court should have granted relief to Keene on his claim for damages against Whittaker. He reasoned that since it was established by evidence presented at trial that Whittaker had wrongfully taken possession of land belonging to Keene, then it followed logically that he should be held liable for any damage caused as a result of this wrongful act. Furthermore, Justice McLean noted that even if there had been no proof offered regarding actual loss or injury suffered by Keene due to the trespass committed by Whittaker, still he would have been entitled to nominal damages under Virginia law. Therefore, Justice McLean concluded that the Court's decision not to grant relief was an error and ought not stand.