In the 1893 case of Scott v. McNeal, the U.S Supreme Court dealt with a dispute over land ownership in Washington state. The plaintiff, Scott, claimed that he had purchased the property from an individual who acquired it through a federal land grant under the Swamp Land Act of 1850. However, before this transaction took place, defendant McNeal had already received title to this same piece of land from Washington State which also claimed it via another federal law - Organic Act for establishing territorial government in Washington Territory (1853). The court ruled in favor of McNeal stating that when there is conflict between two laws regarding public lands disposal by Federal Government; one granting them to states and other allowing individuals to acquire them directly; preference should be given to states' rights as they are sovereign entities within their territory while private citizens are not.

In the dissenting opinion for Scott v. McNeal, Justice Brewer argued that the majority's decision was inconsistent with previous rulings and principles of equity. He contended that a mortgage is not an absolute conveyance of property but merely provides security for debt repayment. Therefore, he believed it unjust to deny someone their property rights because they were unable to pay off a mortgage in full during their lifetime, especially when there are heirs who could potentially satisfy the remaining debt after death. Furthermore, he pointed out inconsistencies between this ruling and prior decisions regarding land contracts where courts had protected purchasers' interests even if payments weren't completed at death. Thus, Justice Brewer disagreed with the majority's interpretation of law and its implications on property rights.