Wheaton and Donaldson v. Peters and Grigg

It is matter of regret with me, at any time to dissent from an opinion pronounced by a majority of this court, and where my mind is left balancing, after a full examination of the case, my habitual respect for the opinion of my brethren may justify a surrender of my own. But where no such apology is left to me to rest upon, it becomes;a duty to adhere to my own opinion; and I shall proceed to assign the reasons which have led me to a conclusion different from that at which a Majority of the court has arrived.

It is unnecessary for me to state any thing more with respect to the bill and answer,…