In the Humbird v. Avery case of 1904, the U.S. Supreme Court addressed a dispute over land ownership in Wisconsin. The plaintiff, Humbird, claimed that he had purchased certain lands from the state under swamp land grants which were intended to encourage development and settlement of these areas by private individuals or companies. However, Avery contested this claim on grounds that those particular lands never qualified as "swamp and overflowed" under federal law at the time they were granted to Wisconsin; hence they could not have been legally sold by the state to Humbird. The court ruled in favor of Avery based on evidence showing that when Congress made its grant to Wisconsin for swamp and overflowed lands in 1850, it did so with an understanding that only such lands as met specific criteria would be included within its terms - namely those unfit for cultivation until reclaimed through drainage or other improvements. Since there was no proof presented demonstrating these disputed parcels ever met such conditions prior their sale by Wisconsin (and thus should not have been part of any swamp land grant), it was held they remained public domain subject to disposal according United States laws rather than being available for purchase from state authorities.

The dissenting opinion in the Humbird v. Avery case argued that the majority's decision to uphold a lower court ruling, which held that a land grant made by Congress to Wisconsin for railroad construction did not include mineral rights, was incorrect. The dissenters believed that when Congress granted land to states for specific purposes like building railroads, it intended all aspects of the property - including minerals beneath its surface - be used towards fulfilling those purposes. They contended this interpretation was consistent with previous rulings and Congressional intent at the time of granting lands. Therefore, they disagreed with excluding mineral rights from such grants as it could potentially hinder progress on projects funded through these means.