In Richard Walden and Others, Heirs and Representatives of Ambrose Walden, Deceased v. Thomas Bodley's Heirs and Representatives, Robert Pogue's Heirs and Representatives, the Supreme Court was asked to decide whether a deed from 1790 was valid or not. The deed in question granted land to Ambrose Walden for his lifetime use only; after his death it would revert back to the original grantors. When he died in 1845 without any children or other heirs that could inherit the property according to Virginia law at that time, two parties claimed ownership: one group claiming they were entitled under an earlier will made by Ambrose’s father; another group claiming they were entitled as successors of those who had originally granted him the land in 1790. The court held that since no legal heir existed when Ambrose died then title reverted back to its original owners because there was no way for them legally transfer their rights on anyone else upon their death.

In the dissenting opinion of Richard Walden and Others, Heirs and Representatives of Ambrose Walden v. Thomas Bodley's Heirs and Representatives, Robert Pogue's Heirs and Representatives, Justice Daniel wrote that he could not concur with the majority opinion because it was based on a misapprehension of facts. The dissent argued that there were two distinct titles to land in dispute: one derived from an original grant by Lord Fairfax to Ambrose Walden; the other derived from a subsequent conveyance by him to his son-in-law Thomas Bodley. According to Justice Daniel, this second title had been extinguished when Ambrose died without leaving any heirs or representatives who could claim under it. Therefore, since no party had ever claimed under this title after its extinction upon Ambrose’s death, neither side should be allowed to benefit from it now as part of their respective claims over the disputed property. In conclusion, Justice Daniel believed that only those claiming through Ambroses' original grant should have rights over the land in question - namely himself (as representative for Ambroses' heirs) along with Robert Pogue (who held legal title).