In this Supreme Court case, Samuel Marsh, William E. Lee and Edward C. Delavan (plaintiffs in error) sued Edward Brooks and Virginia C., his wife; Charles P. Billon and Francis E., his wife; Walter G. Reddick and Dabney C., his wife (defendants). The plaintiffs claimed that the defendants had unlawfully taken possession of a tract of land located in Washington County, Maryland which was owned by them as tenants-in-common with other individuals who were not parties to the suit. The court found that the defendants had wrongfully entered upon the property without any legal right or title to it whatsoever, but held that they could not be evicted from it because their entry onto it was made under color of title - meaning they believed themselves to have some sort of valid claim on it based on documents presented by another party claiming ownership rights over said land - thus entitling them to remain until such time as their true lack of title is established through proper judicial proceedings or otherwise determined according to law.

In the dissenting opinion of this case, Justice Grier argued that the court should have found in favor of the plaintiffs. He believed that they had a valid claim to ownership over certain real estate and were entitled to damages for its wrongful possession by defendants. The majority opinion held that there was no evidence presented which showed an actual transfer or delivery of title from one party to another, thus precluding any legal action on behalf of the plaintiffs. However, Justice Grier disagreed with this conclusion and maintained that even if no formal deed was produced as proof, it could be inferred from other facts in evidence such as payment made by plaintiff Marsh for improvements on said property and his exclusive occupancy since 1837. Furthermore he noted how both parties acted under a belief in their respective rights until suit was brought against them; therefore it would be unjust not to recognize those claims now when they are being challenged before a court of law.