In the 1893 case of Anvil Mining Company v. Humble, the U.S Supreme Court was tasked with resolving a dispute over mining rights in Colorado. The plaintiff, Anvil Mining Company, claimed that it had rightful ownership to certain mineral deposits based on an 1866 law which allowed miners to claim land containing valuable minerals. However, the defendant, Humble argued that he held prior rights to these lands under an agricultural patent granted by Congress in 1870 and therefore should retain control over any minerals found therein. The court ruled in favor of Humble stating that his agricultural patent took precedence over subsequent mining claims as per federal laws governing public lands at the time when both parties made their respective claims.

The dissenting opinion in the case of Anvil Mining Company v. Humble argued that the majority's decision was incorrect because it failed to properly interpret and apply existing laws regarding mining claims. The dissenting justices believed that under these laws, a miner who had made a valid discovery on public land could claim up to 200 feet along each vein or lode discovered, regardless of whether they intersected with other veins or lodes claimed by others. They also disagreed with the majority's interpretation of "apex rights," arguing that such rights only applied when there was an actual intersection between two veins at depth, not merely when one vein passed over another near the surface as in this case. Therefore, they concluded that Humble should have been allowed to maintain his claim over both veins he had discovered without interference from Anvil Mining Company.