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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 ...
Federal court jurisdiction over common law crimes The Schooner Exchange v. M'Faddon: 11 U.S. 116 (1812) capture and possession of foreign ships Fairfax's Devisee v. Hunter's Lessee: 11 U.S. 603 (1813) Loyalist property forfeiture Martin v. Hunter's Lessee: 14 U.S. 304 (1816) Loyalist property forfeiture, Supreme Court review of state court ...
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.
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:
Fairfax's Devisee v. Hunter's Lessee, 11 U.S. (7 Cranch) 603 (1813), was a case arising out of the acquisition of land in Virginia. For the Court, Justice Joseph Story refused to accept as final the Virginia Court of Appeals' interpretation of Virginia law. He found that precedents in Virginia law itself upheld the titles in question.
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 ...
The Pennsylvania Supreme Court tossed out the convictions for about 2,300 children whose ... Biden’s decision to commute the notorious judge’s sentence drew condemnation from State Sen. Lisa ...
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 ...