In the case of Del Monte Mining and Milling Company v. Last Chance Mining and Milling Company, 1897, the U.S Supreme Court was tasked with resolving a dispute over mining rights in Colorado. The Del Monte Mining and Milling Company claimed that it had rightful ownership to certain mineral veins which were also claimed by the Last Chance Mining and Milling Company. The court ruled in favor of Last Chance on account of their prior possession claim under Revised Statutes §2322 (which provides for exclusive right of possession to those who first discover valuable minerals). In addition, they had complied with state laws regarding annual labor requirements on claims. This ruling emphasized that priority is given to those who first locate a mine according to federal law as well as local customs or rules in mining districts.

The dissenting opinion in the case of Del Monte Mining and Milling Company v. Last Chance Mining and Milling Company argued that the majority's decision was flawed because it failed to consider key evidence regarding the validity of mining claims. The dissent believed that there were significant issues with how both companies had staked their respective claims, which should have been taken into account when determining who held rightful ownership over disputed territory. They also disagreed with the majority's interpretation of existing laws related to mining rights, arguing for a stricter reading that would require more rigorous proof from claimants about their activities on claimed land. This perspective suggested a need for greater scrutiny in assessing whether miners had genuinely fulfilled legal requirements or merely made superficial efforts to do so while primarily seeking to block others' access to valuable resources.