This case involved a dispute between Thomas, the appellant, and Gabrielle Brockenbrough, John Harvie, Edwin Harvie, Jacqueline Harvie and Julia Ann Harvie (the respondents). The respondents were heirs at law and devisees of John Harvie. At issue was whether or not Thomas had a right to certain lands in Virginia that he claimed belonged to him by virtue of an agreement with his father-in-law. The Supreme Court held that the agreement did not give Thomas any rights to the land because it lacked consideration from both parties. Furthermore, since there was no evidence presented as proof of such an agreement being made between them before his death or afterwards among his children or representatives; therefore it could not be enforced against them.

In Thomas v. Brockenbrough, the Supreme Court of the United States was asked to decide whether a deed from John Harvie to Gabrielle Brockenbrough should be enforced. The majority opinion held that it should not because there were material facts in dispute and no evidence had been presented as to how those facts affected the validity of the deed. However, Justice Johnson dissented on this point and argued that although there were some disputed facts, they did not affect the validity of the deed itself since all parties agreed upon its terms. He further argued that if any party wanted to challenge or contest these matters then they could do so through other legal proceedings such as an action for damages or specific performance rather than attempting to invalidate a validly executed contract by raising questions about extraneous matters which are irrelevant under Virginia law at issue in this case.