In the case of Covey, Committee v. Town of Somers in 1955, the U.S Supreme Court ruled that due process was violated when a town sold a mentally incompetent woman's property for unpaid taxes without notifying her guardian or taking reasonable steps to ensure she understood the proceedings. The court held that while notice had been published in local newspapers and posted publicly as required by state law, these measures were insufficient given Mrs. Covey’s mental incapacity which was known to town officials. The ruling emphasized that due process requires more than just following established procedures; it also necessitates fairness and reasonableness tailored to individual circumstances.

In the dissenting opinion for Covey, Committee v. Town of Somers, Justice Hugo Black disagreed with the majority's ruling that a mentally incompetent person was denied due process because she did not receive adequate notice of foreclosure proceedings against her property. He argued that there was no constitutional requirement to provide special protection or treatment for those who are mentally incapacitated in civil cases as opposed to criminal ones. Furthermore, he contended that it would be impractical and burdensome on courts and litigants if they were required to determine mental competency before proceeding with every case involving property rights. In his view, this could potentially lead to unnecessary delays and complications in legal processes which are designed to resolve disputes efficiently.