This Supreme Court case dealt with the dispute between Lessee of Samuel Smith, Plaintiff in Error and Rober Trabue's Heirs, by James Trabue their next friend. The court was asked to decide whether a deed from Robert Trabue to Samuel Smith had been legally executed. The deed conveyed land located on the Ohio River near Louisville Kentucky. It was argued that since Robert Trabue had died before executing the deed it could not be validly transferred without an act of assembly or some other legal authority authorizing such transfer. After reviewing all evidence presented, including testimony from witnesses who were present at the time of execution as well as documents related to title transfers for similar properties in Kentucky, the court concluded that there was sufficient proof that Robert Trabue did indeed execute this conveyance prior to his death and thus it should be considered valid and binding upon his heirs.

In the dissenting opinion of Lessee of Samuel Smith, Plaintiff in Error v. Rober Trabue's Heirs, by James Trabue, their Next Friend (1835), Justice McLean argued that the court should not have granted a writ of error to review an earlier decision made by Kentucky’s highest court. The original case was between two parties who were disputing land ownership and had been decided in favor of the defendants. In his dissent, Justice McLean noted that there was no federal question at issue and thus it did not fall within the jurisdiction of Supreme Court to intervene with a writ or error as requested by plaintiff. Furthermore he argued that even if such intervention were allowed it would be improper for this particular case because there had already been sufficient evidence presented before Kentucky’s highest court which supported its ruling on behalf of defendant; therefore any further review would be unnecessary and redundant.