In the case of Smith v. Burnett in 1898, the United States Supreme Court dealt with a dispute over land ownership. The plaintiff, Smith, claimed that he had purchased a piece of property from Burnett and paid for it in full but never received the deed to the property due to Burnett's death. However, before his death, Burnett had mortgaged this same property as security for debts owed to other parties who were now claiming rights to it. The court ruled against Smith stating that although he may have paid for the land in good faith believing himself its rightful owner; however without an actual transfer of title or deed recorded prior to any liens placed on it by creditors (in this case via mortgage), his claim was subordinate those creditors' claims under law.

In the dissenting opinion for Smith v. Burnett, it was argued that the majority decision failed to properly consider and apply established principles of law regarding property rights and inheritance. The dissenting justices believed that under these principles, Mr. Smith had a clear right to inherit his deceased wife's estate without interference from her relatives (the Burnetts). They contended that Mrs. Smith's death did not automatically transfer ownership of her separate property to her husband but rather created an opportunity for him to assert his legal claim as surviving spouse in accordance with state laws governing marital property and intestate succession. Furthermore, they disagreed with the majority's interpretation of relevant statutes as well as their determination on factual matters related to Mrs. Smith’s intentions prior to her death.