In the United States v. Stevenson case of 1909, the Supreme Court dealt with issues related to land ownership and property rights. The defendant, Stevenson, had purchased a piece of land in Oklahoma from an individual who had received it through a government lottery system designed to distribute tribal lands among Native Americans and other settlers. However, under federal law at that time, such lands could not be sold or transferred within five years of their allocation. The U.S Government sued Stevenson for possession of this land on these grounds. The court ruled in favor of the U.S Government stating that any contract made for sale within five years was void as per Section 16 of Curtis Act (1898). This act prohibited allottees from selling allotted lands before expiration period set by Congress which was aimed at protecting Native American interests against exploitation by unscrupulous buyers seeking to acquire their newly allocated properties cheaply or fraudulently.

The dissenting opinion in the United States v. Stevenson case argued that the majority's interpretation of the law was too broad and could potentially criminalize innocent behavior. The justice disagreed with the majority's view that a person can be convicted for conspiracy to defraud the United States by merely agreeing to perform an act which, if performed, would have resulted in fraud against the government. He contended that such an agreement should not constitute a crime unless it is accompanied by some overt act towards its accomplishment. Furthermore, he believed there was insufficient evidence to prove beyond reasonable doubt that Stevenson had entered into any fraudulent agreement or committed any overt acts towards its execution. Therefore, he concluded that Stevenson’s conviction should be overturned.