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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. As the facts were recited by Chief Justice John Marshall , the successor in interest to a private purchase from the Piankeshaw attempted to ...
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 ...
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 ...
Sims' Lessee v. Irvine (1799) was the first Supreme Court decision to discuss aboriginal title (albeit briefly), and the only such decision before the Marshall Court. The Court found ejectment jurisdiction over certain lands, notwithstanding the defendant's claim (in the alternative to the claim that the defendant himself held title) that the lands were still held in aboriginal title because:
The book draws from both well-known decisions of federal courts as well as less well known cases in explaining the doctrines of federal Indian law. The case of Johnson v. McIntosh by the Supreme Court in 1823 is well known to most law students as declaring that Indian tribes had the right to occupy the land but only the United States held title ...
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.
A similar case, Michigan v. Wisconsin 270 U.S. 295 (1926), had previously been brought to the Supreme Court but was dismissed. In 1936, the Supreme Court decision chose the ship channel through the Rock Island Passage as the more common, so Wisconsin retained the intervening water area with its islands: Plum, Detroit, Washington, Hog, and Rock.
It includes United States Supreme Court cases that can also be found in the parent category, or in diffusing subcategories of the parent. Cases of the Supreme Court of the United States decided by the Marshall Court , the period during the tenure of Chief Justice John Marshall (1801–35).