In the case of Charles A. Williamson and Catharine, his wife v. Joseph Berr, the plaintiffs alleged that they had purchased a tract of land from Berr in 1845 for $1,000 with an agreement to pay him in installments over several years. The contract also included a clause stating that if any payments were missed or late then the entire amount was due immediately and title would revert back to Berr. In 1848 when two payments were not made on time as agreed upon by both parties, Berr took possession of the property without providing notice or giving them an opportunity to make up their missed payments before taking action against them. The court found this act unlawful because it violated their right under common law which requires reasonable notice be given prior to repossession so that debtors may have sufficient time to remedy any delinquencies before being deprived of their property rights; thus ruling in favor of Williamson and his wife awarding damages for wrongful eviction plus costs associated with bringing suit against Berr.

In the case of Charles A. Williamson and Catharine, his wife v. Joseph Berr, the dissenting opinion argued that a deed from one party to another should not be considered valid unless it is accompanied by an actual delivery of possession or some other act which would show an intention on behalf of the grantor to pass title over to the grantee. The majority had held that a deed was sufficient evidence for establishing title in favor of the grantee without any further proof being necessary; however, this position was rejected by Justice Baldwin who dissented from this decision. He argued that such a rule would lead to fraud and injustice as it could easily be used as a means for parties to transfer property without actually delivering possession or providing any other indication that they intended for their deeds to take effect. Therefore, he concluded that there must always be some additional proof beyond just having written documentation in order for title transfers between parties to stand up in court.