In the case of Jenkins v. Collard in 1891, the U.S. Supreme Court was tasked with deciding on a dispute over land ownership in Texas that had its roots back to Spanish and Mexican rule before Texas became part of the United States. The plaintiff claimed title under a grant from Spain while defendant asserted ownership through adverse possession for more than three years as per Texan law at that time. The court ruled in favor of Collard, stating that when Texas joined the Union it retained control over its public lands and could determine rules regarding them - including laws about adverse possession which were different from those applied elsewhere across America. Therefore, despite Jenkins having an older claim dating back to Spanish rule, he lost his rights due to not asserting them within three years after they accrued under Texan law.

In the dissenting opinion for Jenkins v. Collard, Justice Lamar disagreed with the majority's interpretation of Texas law regarding land inheritance and argued that it was inconsistent with previous rulings by both state and federal courts. He contended that under Texas law, a widow had an absolute right to one-third of her deceased husband's real estate property in fee simple (meaning she owned it outright), not just a life estate (which would end upon her death). Therefore, he believed Mrs. Collard should have been able to sell this portion of the property without restriction or interference from her children or other heirs. Furthermore, he criticized the majority for failing to respect established legal principles and creating unnecessary confusion about property rights in Texas.