Peyton v. Brooke was a case heard before the United States Supreme Court in 1805. The dispute arose when William Peyton, an executor of his father's estate, attempted to collect debts owed to the estate from Thomas Brooke and other defendants who had purchased land from Peyton’s father prior to his death. The defendants argued that they were not liable for any debt because their purchase of the land had been made with a deed signed by Peyton’s father while he was still alive; thus, it could not be considered part of his estate after death. However, the Supreme Court held that since no payment had yet been made on these lands at the time of Mr. Peyton's death, they remained part of his estate and therefore subject to collection by William as executor thereof. As such, this decision established that creditors have priority over purchasers in cases where property is sold but payment has yet to be received at time of seller's demise

In the case of Peyton v. Brooke, Chief Justice John Marshall delivered a dissenting opinion in which he argued that the court should not have dismissed the plaintiff's suit for damages against an executor who had failed to pay debts owed by his deceased father. He reasoned that although there was no express contract between them, it could be implied from their relationship and circumstances surrounding it. Furthermore, he noted that if such contracts were allowed to go unenforced due to technicalities or lack of evidence then creditors would suffer greatly as they would be unable to collect on any debt owed them by a deceased person’s estate. In conclusion, Marshall stated that justice demands these cases are heard and decided upon their merits rather than being summarily dismissed without consideration of all relevant facts and arguments presented before the court.