In Mallow and Others v. Hinde, the Supreme Court of the United States heard a case concerning an action for trespass on land in Kentucky. The plaintiffs claimed that they were entitled to damages due to their exclusion from certain lands by defendant John Hinde, who had obtained title through a grant from Virginia prior to Kentucky's statehood. The court held that although Virginia had granted title before Kentucky became a state, it did not have authority over public lands within its borders after it was admitted into the Union as part of the Northwest Territory Ordinance of 1787. Furthermore, since no other party could prove superior right or title to these lands at issue in this case, Mr. Hinde was found liable for trespass and ordered to pay damages accordingly. This decision established important precedent regarding states' rights with respect to public land grants made prior to their admission into the Union under federal law.

In Mallow and Others v. Hinde, the Supreme Court was asked to decide whether a state court had jurisdiction over a case involving citizens of different states. The majority opinion held that the state court did not have jurisdiction in this case because it involved citizens from two different states and thus fell under federal jurisdiction. However, Justice Story dissented from this decision on the grounds that Congress had never explicitly granted exclusive federal judicial power over such cases, nor had they ever prohibited state courts from exercising their own authority in these matters. He argued that since there were no clear laws or precedents governing such disputes between citizens of different states, then it should be left up to each individual state's discretion as to how they would handle them. Furthermore, he noted that if Congress wanted exclusive control over all interstate disputes then they could easily pass legislation granting them such power; however until then he believed it was within each individual State's right to exercise its own authority in these matters without interference from the Federal Government