In Isabella L. Mackay, Executrix of James Mackay, Zeno Mackay, George Anthony Mackay, James Bennett MacKay et al v Patrick M. Dillon (1846), the Supreme Court was asked to decide whether a deed executed by an individual who had since died could be enforced against his heirs and devisees. The court held that the deed was valid and enforceable as it had been properly executed in accordance with state law at the time of its execution and there were no grounds for invalidating it on any other basis. Furthermore, they ruled that even though some of those named in the deed had passed away before enforcement proceedings began, their rights under the contract still survived them so long as their legal representatives or successors-in-interest were present to represent them during litigation proceedings.

In Isabella L. Mackay et al v. Patrick M. Dillon, the dissenting opinion was that the Court of Appeals erred in affirming a judgment against the plaintiffs for costs and damages incurred by their attorney's negligence in failing to file an answer on time. The dissent argued that since there was no evidence presented to show any actual damage caused by this delay, it would be unjust to hold them liable for such costs and damages as they had not been given notice or opportunity to defend themselves from these charges before judgment was rendered against them. Furthermore, even if some kind of damage could have been proven due to this delay, it should have been limited only up until when they were served with process rather than extending all the way through trial proceedings which occurred after service had already taken place.