In the case of Sheffield and Birmingham Coal, Iron and Railway Company v. Gordon (1893), the U.S Supreme Court ruled in favor of Gordon, a landowner who sued the railway company for trespassing on his property without proper compensation. The dispute arose when the railway company built tracks across Gordon's land under an Alabama law that allowed railroads to construct lines across private properties if they paid just compensation. However, no agreement was reached between both parties regarding this payment before construction began. The court held that while eminent domain laws permit such actions by railroad companies, due process requires them to first negotiate with property owners or seek condemnation proceedings through courts if negotiations fail - neither of which were done in this case. Therefore, it concluded that Sheffield and Birmingham Coal had violated Gordon’s rights under the Fourteenth Amendment.

In the dissenting opinion for Sheffield and Birmingham Coal, Iron and Railway Company v. Gordon, Justice Brewer argued that the court majority had erred in its interpretation of Alabama state law regarding property rights. He contended that under Alabama law, a landowner retains mineral rights unless explicitly sold or transferred. In this case, he believed that the original grantor did not expressly convey these rights to the railway company when selling them his land; therefore they should remain with him or his heirs. Furthermore, Justice Brewer disagreed with the majority's view on 'adverse possession', arguing it was not applicable as there was no clear intent by either party to claim exclusive ownership over minerals beneath surface lands during their joint use period.