In the case of Davis v. Utah Territory in 1893, the United States Supreme Court ruled on a dispute involving land ownership rights and inheritance laws. The plaintiff, Davis, claimed that he was entitled to inherit property from his deceased brother who had died without leaving a will or any direct heirs. However, under Utah law at the time (which was still a territory), if an individual died intestate with no immediate family members surviving them, their estate would be transferred to the territorial school fund rather than distant relatives like siblings. In response to this claim by Davis for his brother's property against its transfer to public schools as per local legislation, it was held by Justice Gray that such laws were not unconstitutional and did not violate due process clause of Fourteenth Amendment nor prohibition against taking private property for public use without just compensation under Fifth Amendment because they reasonably regulated descent and distribution of estates within jurisdictional boundaries set forth by Congress when creating territories.

In the dissenting opinion for Davis v. Utah Territory, Justice Brewer argued that the majority's decision to uphold a law allowing wives and women engaged in illicit relationships with defendants to testify against them was an infringement on common law principles of spousal privilege. He contended that this privilege, which prevents spouses from testifying against each other without consent, is rooted in centuries-old legal tradition designed to protect marital harmony and privacy. The justice further asserted that it was not within the court's power or jurisdiction to alter such established rules of evidence unless explicitly authorized by Congress. He also expressed concern about potential abuses of this new rule, including coerced or false testimonies resulting from threats or promises made outside the courtroom.