In the case of Burbank v. Ernst, Tutrix of Burbank, a minor in 1913, the United States Supreme Court dealt with issues related to property rights and inheritance laws. The plaintiff was seeking to recover possession of certain lands situated in Louisiana which she claimed as her community property by virtue of her marriage to one Joseph A. Breaux who had died intestate. The defendant contested this claim on grounds that these properties were acquired from his mother's succession after his father's death and hence did not form part of any marital community between Mr.Breaux and the plaintiff but rather belonged solely to him as an heir through maternal lineage.The court ruled against the plaintiff stating that under Louisiana law at that time, when a husband dies without leaving a will (intestate), all property he owned before or during marriage becomes separate property belonging exclusively to his children if there are any; thus it could not be considered marital community for division among surviving spouse.

The dissenting opinion in the Burbank v. Ernst case argued that the Supreme Court should not have jurisdiction over this matter, as it was essentially a dispute about property rights and inheritance within a single state (Louisiana), rather than an issue of federal law or constitutional interpretation. The justice believed that Louisiana's own courts were fully capable of resolving such disputes according to their own laws and customs, without interference from the federal judiciary. He also expressed concern about setting a precedent for future cases where parties might try to use federal courts to override state decisions on matters primarily concerning local or private interests.