Kempe's Lessee v. Kennedy et al. was a case heard by the United States Supreme Court in 1809 that dealt with the issue of whether or not an individual could be held liable for debts incurred by another person, even if they had no knowledge of those debts prior to assuming ownership of property from them. The court ruled that such liability did exist and found in favor of Kennedy et al., holding Kempe's Lessee responsible for paying off any outstanding debt on the property he purchased from them. This decision established a precedent which has been used ever since when determining who is liable for pre-existing debt associated with real estate transactions, ensuring that buyers are aware of all potential liabilities before entering into agreements to purchase land or other assets from sellers.

Justice Johnson delivered the dissenting opinion in Kempe's Lessee v. Kennedy et al., arguing that the Court should not have granted a writ of error to review the decision of the Circuit Court. He argued that, under Article III Section 2 of the Constitution, appeals from state courts were only allowed when there was an issue involving federal law or a treaty between two states; this case did not involve either and thus it was inappropriate for Supreme Court review. Furthermore, he argued that even if such issues had been present in this case, they would still be beyond Supreme Court jurisdiction because Congress had never passed any laws granting them authority over such matters. Finally, Justice Johnson noted that allowing appeals from state court decisions on questions which do not involve federal law could lead to confusion and uncertainty as different courts may interpret similar cases differently due to their varying interpretations of state laws.