M'Dowell v. Peyton and Others was a case heard by the United States Supreme Court in 1825. The dispute arose when James M’Dowell, an executor of his father's estate, sued several individuals who had purchased land from his deceased father without paying for it. M’Dowell argued that he should be compensated for the value of the land as well as damages due to their trespass on it while they were occupying it before purchasing it. The defendants argued that since they had paid all taxes associated with the property and made improvements to its value, they should not have to pay any additional compensation or damages beyond what was already paid at purchase time. Ultimately, the court ruled in favor of M’Dowell and held that he could recover both compensatory damages for use of his property prior to purchase as well as punitive damages due to trespass on said property during this period; however, these amounts would need to be determined through further proceedings within Virginia state courts where jurisdiction over such matters resided at that time.

In the case of M'Dowell v. Peyton and Others, Chief Justice Marshall delivered a dissenting opinion in which he argued that the court should not have dismissed the appeal for want of jurisdiction. He reasoned that although there was no specific provision in Virginia's constitution granting appellate jurisdiction to its courts, it had been established by long-standing practice and custom. Furthermore, he argued that even if this were not so, Congress could still grant such authority to state courts through its power under Article III of the Constitution. In conclusion, Chief Justice Marshall stated his belief that "the right to review judgments is essential to justice," and thus urged his colleagues on the Court to reconsider their decision dismissing M'Dowell's appeal for lack of jurisdiction.