This US Supreme Court case is between Philip Hickie and others, heirs and legal representatives of James Mather, deceased (appellants) versus Alexander B. Starke and others, heirs and legal representatives of Robert Starke, deceased (appellees). The dispute was over a tract of land in the state of Georgia that had been granted to both parties by the state legislature. The appellants argued that they were entitled to exclusive possession because their ancestor had purchased it first from the original grantee; however, the appellees contended that they held title due to an act passed by the legislature which gave them equal rights with respect to ownership. After hearing arguments from both sides, the court ruled in favor of appellee's argument as there was no evidence presented which showed any prior purchase or other right on behalf of appellant's ancestor before passage of said act.

In the dissenting opinion of this case, Justice Story argued that the appellants had failed to prove their claim. He noted that they had not provided sufficient evidence to demonstrate a valid title and thus could not be granted relief from the court. Furthermore, he stated that even if they were able to provide such proof, it would still be necessary for them to show an actual possession or occupancy of the land in question prior to Robert Starke's death in order for their claim against his heirs and legal representatives (the appellees) to succeed. In conclusion, Justice Story concluded that since no such proof was presented by either party during trial proceedings, there was insufficient basis on which a judgment could be rendered in favor of either side.