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Johnson v. M'Intosh: Difference between revisions
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|procedural_history=* Johnson & Graham sought an ejectment order against M'Intosh in the federal district of Illinois court. | |procedural_history=*Johnson & Graham sought an ejectment order against M'Intosh in the federal district of Illinois court. | ||
*M'Intosh won in the district court. | |||
*Johnson appealed directly to SCOTUS. | |||
* | |||
|issues=Is a land grant by the <u>United States government</u> superior to an Amerindian land grant? | |||
|holding=[[John Marshall]] : Yes. The title granted by the United States government is superior to a previously granted Native American title. | |||
|case_text_links={{Infobox Case Brief/Case Text Link | |case_text_links={{Infobox Case Brief/Case Text Link | ||
|link=https://www.oyez.org/cases/1789-1850/21us543 | |link=https://www.oyez.org/cases/1789-1850/21us543 | ||
Revision as of 21:45, March 14, 2024
| Johnson v. M'Intosh | |
| Court | Supreme Court of the United States |
|---|---|
| Citation | 21 U.S. 543 |
| Date decided | February 23, 1823 |
Facts
- Between 1773 & 1775 (when "Native Americans") owned lands without titles, "Johnson" purchased large tracts of land from a number of tribes in southern Illinois.
- In 1819, Johnson died.
- His son "Johnson" & grandson "Graham" inherited the land.
- In 1818, the US government deeded 12,000 acres to M'Intosh which also included the land Johnson had bought from Amerindians
Procedural History
- Johnson & Graham sought an ejectment order against M'Intosh in the federal district of Illinois court.
- M'Intosh won in the district court.
- Johnson appealed directly to SCOTUS.
Issues
Is a land grant by the United States government superior to an Amerindian land grant?
Holding
John Marshall : Yes. The title granted by the United States government is superior to a previously granted Native American title.
Resources
