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Johnson v. McIntosh , [ a ] 21 U.S. (8 Wheat.) 543 (1823), also written M‘Intosh , is a landmark decision of the U.S. Supreme Court that held that private citizens could not purchase lands from Native Americans .
Johnson's Lessee v. McIntosh , 21 U.S. (8 Wheat.) 543 (1823) , is a landmark decision of the U.S. Supreme Court which held private citizens could not purchase lands from Native Americans . The litigation began when the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder ...
William McIntosh (c. 1760 – July 1832; also printed as "M‘Intosh") [a] was a fur trader, treasurer of the Indiana Territory under William Henry Harrison, and real estate entrepreneur. He became famous for the United States Supreme Court case of Johnson v. McIntosh (1823) and for his massive real estate holdings on the Wabash River.
Johnson v. McIntosh [38] proved that the new central government was in favor of sovereign property rights, by stating that private citizens could not purchase Native American land, and that the federal government has the sole right [39] to negotiate with tribal nations. Cherokee Nation v.
The lawsuit claimed that McIntosh had bought land rightfully owned by the Illinois-Wabash Company, based on the earlier purchase from the Indians. In 1823, the issue made its way to the U.S. Supreme Court in Johnson v. McIntosh. The Court decided in favor of McIntosh, ruling that private purchases of native lands were not valid.
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...
Banner and Kades argue that the 1823 case was the result of collusive lawsuits where land speculators worked together to make claims to achieve a desired result. [29] [30] The plaintiff, Johnson, had inherited land originally purchased from the Piankeshaw tribes. Defendant McIntosh claimed the same land, having purchased it under a grant from ...
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...