In the 1892 case of Ware v. Galveston City Company, the Supreme Court ruled on a dispute over land ownership in Texas. The plaintiff, Ware, claimed that he had purchased a tract of land from an individual who had received it as part of a Mexican grant before Texas became part of the United States. However, this claim was disputed by the defendant, Galveston City Company (GCC), which argued that they owned all unsold lands within certain boundaries under an act passed by Congress after Texas joined the Union. The court found in favor of GCC based on evidence showing that no such sale to Ware's predecessor ever took place and thus his title was invalid. Furthermore, even if there had been such a sale prior to annexation by US territory would not have affected GCC’s rights because their charter granted them full ownership regardless any previous claims or sales.

In the dissenting opinion for Ware v. Galveston City Company, it was argued that the majority's decision to uphold a Texas law allowing cities to sell public lands without compensating original owners contradicted previous rulings and principles of justice. The dissenting justices believed that this ruling violated property rights protected by both state and federal constitutions. They contended that when land is taken for public use, just compensation should be given regardless of whether or not the land has been improved upon since its acquisition by the city. Furthermore, they disagreed with the majority's interpretation of "public use," arguing instead that selling off these lands for private development did not constitute such usage under constitutional definitions. In their view, this case represented an overreach on part of local government at expense of individual citizens' rights.