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Davis v. Key is a United States Supreme Court case that was decided in 1887. The case involved a dispute between two parties over the ownership of a piece of land in Georgia. The plaintiff, Davis, claimed that he had purchased the land from the defendant, Key, in 1871. Key argued that the sale was invalid because he had not been given proper notice of the sale. The Supreme Court held that the sale was valid and that Key had been given proper notice. The Court found that Key had received notice of the sale through a newspaper advertisement, which was sufficient to satisfy the requirements of the law. The Court also held that Key had failed to take any action to challenge the sale, which meant that he had waived his right to do so. The Court's decision in Davis v. Key established that notice of a sale through a newspaper advertisement was sufficient to satisfy the requirements of the law. It also established that a party who fails to take action to challenge a sale has waived their right to do so.
Justice Field delivered the dissenting opinion in Davis v. Key, arguing that the majority's decision was contrary to both precedent and sound legal reasoning. He argued that under common law principles of property ownership, a tenant had an absolute right to possession of their leased premises until such time as they were lawfully evicted by due process of law. The majority held that this principle did not apply when a third party acquired title to the property during the term of tenancy; however Justice Field disagreed with this conclusion, noting that it would lead to unjust results for tenants who had no knowledge or notice regarding any change in title status. Furthermore, he noted that if landlords could transfer rights without informing their tenants then there would be little incentive for them to abide by lease agreements since they could simply sell off their properties without consequence whenever it suited them financially. In his view, allowing such behavior would undermine public confidence in contract law and create an environment where individuals are unable to rely on enforceable promises made between parties.