Johnson v M\'Intosh (1823) PDF

Preview

Summary

Case Brief...

Description

Johnson v M’Intosh 21 U.S. (8 Wheat.) 543. (Supreme Court of the United States, 1823) Plaintiff: Joshua Johnson, Thomas Graham Defendant: M’Intosh Procedure: Trial Court of the District Court of Illinois found in favor of M’Intosh, Currently in appeal at the Supreme Court of the United States

RULE OF LAW: Titles granted before ownership of the current government are not superior to those issued by the government now in ownership of that property.

FACTS: Land originally owned by the chiefs in the Piankeshaw tribes has sold land to Thomas Johnson who left his interest to his son Joshua Johnson and his grandson Thomas Graham. When the Piankeshaw Tribes entered treaties with the United States they sold that land to the United States which in turn sold it to William M’Intosh. Previous ruling on ejectment by Johnson and Graham found to not be superior claim of title and ruled in favor of M’Intosh.

ISSUE: Are titles to land sold by the Piankeshaw nation of tribes before it became land under ownership by the United states still viable under the laws of the United states?

HOLDING AND REASONING: Affirmed – Ruling kept in favor of the defendant M’Intosh. They reasoned that the laws had to apply based upon the nation in which the current land resided on a abstract justice reasoning due to the unique nature of the inquiry. They found that the plaintiffs do not exhibit a title which can be sustained in the courts of the United States.

CONCURRENCE: N/A

DISSENT: N/A

JUDGMENT: Affirmed ruling for the Defendant M’Intosh

Notes & Questions:...