In the case of Keen v. Keen in 1905, the U.S Supreme Court dealt with a dispute over property rights and inheritance. The plaintiff, Mrs. Keen, argued that she was entitled to certain properties as part of her late husband's estate which were being claimed by his brother (the defendant). She contended that these properties had been transferred to her husband from their father-in-law before he died but this transfer was not recorded until after both men had passed away. The court ruled in favor of Mrs. Keen stating that even though the deed transferring ownership wasn't officially recorded until after their deaths, it still took effect during their lifetimes based on evidence presented showing intent for such a transfer to occur prior to death.

The dissenting opinion in the case of Keen v. Keen argued that the majority's decision to uphold a lower court ruling, which granted Mrs. Keen alimony despite her adultery, was incorrect and set a dangerous precedent. The dissenting justices believed that by awarding alimony to an adulterous wife, the court essentially rewarded immoral behavior and undermined the sanctity of marriage vows. They contended that this could potentially encourage marital infidelity as there would be no financial consequences for such actions. Furthermore, they disagreed with the majority's interpretation of state law regarding divorce and alimony payments; arguing instead that under normal circumstances an adulterous spouse should not be entitled to support from their wronged partner after dissolution of their marriage.