In the case of Elzaburu v. Chaves (1915), the United States Supreme Court dealt with a dispute over property rights in New Mexico, which had been granted by Spain and later recognized by Mexico before being ceded to the U.S. The plaintiff, Elzaburu, claimed ownership based on an alleged Spanish grant made prior to 1821 when Mexico gained independence from Spain. However, no official record or evidence could be found that substantiated this claim. On appeal from a lower court decision favoring Chaves, who held possession under Mexican law after 1821 and American law post-1848 Treaty of Guadalupe Hidalgo; the Supreme Court upheld that ruling stating there was insufficient proof for Elzaburu's claim as per Land Claims Act of 1891 requirements for land grants recognition in territories acquired from foreign countries like New Mexico.

The dissenting opinion in the Elzaburu v. Chaves case argued that the majority's decision to deny a writ of error was incorrect because it failed to consider important aspects of international law and comity. The dissent contended that, under Spanish law, which should have been applied given the circumstances of this case involving a will executed in Spain by a Spanish citizen, Elzaburu had an indisputable right as heir-at-law to his father's estate. It further asserted that American courts were obligated not only by principles of justice but also by treaty stipulations with Spain to respect these rights. Therefore, according to the dissenting view, denying recognition and enforcement of such rights constituted an infringement upon both international obligations and individual property rights.