In the 1892 case Humphreys v. Perry, the U.S. Supreme Court was tasked with determining whether a land grant made by Congress to aid in the construction of railroads in Florida also included submerged lands within those granted areas. The dispute arose when one party, who had purchased part of this land from the railroad company (Humphreys), claimed ownership over an area that another party (Perry) was using for oyster planting under a lease from the state of Florida. The court ruled that such grants did not include submerged lands unless explicitly stated otherwise by Congress - which it wasn't in this case - and therefore upheld Perry's right to use these waters for his oyster business under his lease agreement with Florida.

The dissenting opinion in the Humphreys v. Perry case was not specified or recorded, making it impossible to provide a summary of such an argument. The Supreme Court's decision was unanimous and did not include any noted dissents from the justices involved in this 1892 case regarding land ownership disputes under the Swamp Land Act of 1850.