In the United States v. Fletcher case of 1892, the Supreme Court ruled on a dispute involving land ownership in Kansas. The plaintiff, Fletcher, claimed that he had purchased land from an individual who was part of the Kickapoo tribe and held it under tribal patent. However, this sale was not approved by Congress as required by law for sales of Native American lands to non-Native Americans. The defendant argued that because Congress did not approve the sale, it was invalid and therefore he owned no property rights to be protected under U.S law or constitution. The court sided with the defendant ruling that any transfer of title from Native Americans without Congressional approval is void; thus confirming that Fletcher had no legal claim over said property despite his purchase agreement with a member of Kickapoo tribe. This decision reinforced federal control over transactions involving Native American lands and affirmed Congressional power in such matters.

In the dissenting opinion for United States v. Fletcher, Justice Brewer argued that the majority's decision to deny Fletcher's claim was incorrect. He believed that when Congress passed an act in 1836 granting half-breed Sac and Fox Indians the right to select lands within a certain area, it intended those selections to be absolute grants of land rather than mere licenses revocable at will by subsequent legislation. Therefore, he contended that once such selection had been made and approved by proper authority as per law, it became vested property rights which could not be taken away without due process of law or just compensation under Fifth Amendment protections against government taking private property without just compensation. In his view, this principle should have applied even if there were irregularities in how some individuals obtained their titles because they acquired them from original selectors who themselves held valid claims under Congressional Act of 1836.