In the 1893 case Mann v. Tacoma Land Company, the U.S. Supreme Court was tasked with resolving a dispute over land ownership in Washington state. The plaintiff, Mann, claimed that he had purchased a piece of property from an individual who had acquired it through preemption rights under federal law. However, the defendant company argued they were rightful owners as they bought it directly from Northern Pacific Railroad Company which received this land grant by Congress to aid its construction efforts. The court ruled in favor of Tacoma Land Company stating that railroads could sell their granted lands before completing their lines and such sales are valid against subsequent preemptors like Mann's predecessor-in-interest who settled on these lands after railroad's sale but before completion of railway line.

In the dissenting opinion for Mann v. Tacoma Land Company, Justice Brewer argued that the majority's decision to uphold a lower court ruling in favor of Tacoma Land Company was incorrect. He contended that there were significant errors made during trial proceedings which should have led to a reversal of judgment. Specifically, he pointed out that the jury had been improperly instructed about how they could consider evidence related to land value and improvements made by Mann on his property before it was seized by Tacoma Land Company under eminent domain laws. Furthermore, Justice Brewer disagreed with the majority's interpretation of Washington state law regarding compensation for landowners whose property is taken through eminent domain; he believed this law entitled Mann not only to fair market value but also any additional damages resulting from loss of use or enjoyment of his property while legal proceedings were ongoing.