In the 1902 case of Wiser v. Lawler, the United States Supreme Court dealt with a dispute over land ownership in Washington state. The plaintiff, Wiser, claimed that he had purchased a piece of property from an individual who had received it through inheritance from his father's estate. However, the defendant, Lawler argued that he was entitled to this property as per his own purchase agreement made directly with the original owner before his death. The lower court ruled in favor of Lawler and held that since there were no legal restrictions on alienation at time when contract was made by deceased owner with him (Lawler), such contract remained valid even after death of said owner and subsequent changes in law regarding real estate transactions did not affect its validity retrospectively. On appeal to Supreme Court however, decision was reversed holding that any sale or transfer agreement for real estate must be recorded officially under laws applicable at time when transaction is executed; thus making unrecorded agreement between deceased owner and Lawler void against later bona fide purchasers like Wiser.

In the dissenting opinion for Wiser v. Lawler, the justice disagreed with the majority's decision to uphold a lower court ruling that allowed a creditor to seize assets from an insolvent debtor who had previously transferred those assets in order to avoid paying debts. The dissent argued that this was not fair or just because it violated principles of equity and fairness by allowing creditors to take more than their due at the expense of other creditors. Furthermore, they contended that such practices could lead to abuse and fraud if left unchecked, as debtors might be tempted to transfer their assets away before declaring bankruptcy in order to protect them from seizure. They also pointed out potential issues with enforcing such rulings across state lines given differences in state laws regarding asset transfers and insolvency.