Johnson v. M’intosh

21 U.S. (8 Wheat.) 543 (1823)

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Nature of the Case

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Facts

M'Intosh (D) owned land in Illinois under a grant from the United States. Johnson (P) was granted land by the chiefs of Piankeshaw Indian tribes. The facts of the case show that the land was originally granted from James I King of England to the Earl of Salisbury and his associates. It also showed that the land was under dispute during the French Indian War and eventually under treaty and subsequent proclamation England reserved the area for the Indians and prohibited all British subjects from purchasing or settling on the land. It was also proven that the chiefs of these Indians did for good and valuable consideration grant to William Murray and others the tracts of land under dispute in 1773. The consideration recited in the deed was $24,000. It was also determined that in 1775, Tabac, and other chiefs of the Piankeshaws, granted the disputed land to Louis Viviat and others. The consideration in that deed was $31,000. Eventually, the colonies proclaimed independence. The State of Virginia then laid claim to the lands for the United States who eventually sold the land to D. P brought an ejectment action against D. Although there was documentation to show that the Chiefs had the authority to convey the land, the court ruled that they did not have the power to do so. The tribes had possession of the land, and had title to the land's occupancy, but were not able to transfer absolute title to another party. P appealed the court's decision.