In the case of Daniel R. Southard, Samuel D. Tompkins, William L. Thompson, Matilda Burks, Joseph R. Tunstall, John Burks, James Burks, Samuel Burks Charles Burks and Mary Burk (the four last named by William L. Thompson their next friend) v Gilbert C Russell; the Supreme Court was asked to decide whether a deed given in 1839 for land located in Missouri was valid or not due to lack of consideration paid at that time when it was executed and delivered by the grantor Gilbert C Russell to Daniel R Southard et al.. The court held that although there had been no actual payment made for said land at the time of execution and delivery as required under Missouri law; yet if sufficient evidence is presented showing an agreement between both parties with respect to such payment then this would be considered good consideration which would render said deed valid even though no money actually changed hands at that time .

In the dissenting opinion of this case, Justice Catron argued that the plaintiffs should be allowed to pursue their claim against Gilbert C. Russell. The plaintiffs were African Americans who had been held in slavery by Russell and his family for many years before being emancipated by an act of Congress in 1848. They sought compensation from Russell for their labor during those years, but he refused to pay them anything. Justice Catron believed that since they had been legally enslaved under state law prior to emancipation, they should have a right to seek damages from him as if he was still their master at the time of emancipation. He also noted that it would be unjust not to allow them any form of recompense after having suffered so much injustice while enslaved and then suddenly being set free without any means or resources with which to support themselves afterwards.