In the case of Bernards v. Johnson in 1940, the U.S Supreme Court ruled on a dispute involving land ownership and mineral rights. The plaintiff, Bernards, claimed that he was entitled to royalties from oil production on certain lands under an agreement with Johnson's predecessors. However, Johnson argued that this agreement had been terminated due to non-payment of rent by Bernards' predecessor and thus no longer valid. The court found in favor of Johnson stating that since there was no evidence showing any payment or tendering of rental payments during the period stipulated in their contract (which would have kept it alive), it must be assumed that such payments were not made thereby terminating the lease as per its terms and conditions.

In the dissenting opinion for Bernards v. Johnson, the justice argued that there was no constitutional violation in this case as it pertained to due process rights. The justice believed that while the petitioner's property had been taken by a tax sale without proper notice, he still had ample opportunity to protect his interests through other means provided by state law. He pointed out that under Michigan law, any person whose land has been sold for taxes may redeem it within two years from such sale upon payment of certain amounts and penalties. Therefore, even if there were irregularities in notifying him about the tax delinquency or subsequent sale of his property, these did not deprive him of all opportunities to safeguard his ownership interest against loss because he could have redeemed it within two years after its sale at public auction for unpaid taxes.