Legal Opinion

Johnson & Graham's Lessee v. McIntosh

Supreme Court of the United States

Decided February 28, 1823PublishedCited by 385 opinions

EeRoe to the District Court of Illinois. This was an action of ejectment for lands in the state and district of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States. It came up on a case stated, upon which there was a judgment below for the defendant.

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EeRoe to the District Court of Illinois. This was an action of ejectment for lands in the state and district of Illinois, claimed by the plaintiffs under a purchase and conveyance from the Piankeshaw Indians, and by the defendant, under a grant from the United States. It came up on a case stated, upon which there was a judgment below for the defendant. The case stated set out the following facts : 1st. That on the 23d of May 1609, James I., king of England, by his letters-patent of that date, under the great seal of England, did erect, form and establish Robert, Earl of Salisbury, and others,…

1Opinion of the Court

Maeshall, Ch. J.,

delivered the opinion of the court. — The plaintiffs in this cause claim the land in their declaration mentioned, under two grants, purporting to be made, the first in 1773, and the last in 1775, by the chiefs of certain *Indian tribes, constituting the Illinois and the Piankeshaw nations ; and the question is, whether this title can be recognised in the courts of the United States ? The facts, as stated in the case agreed, show the authority of the chiefs who executed this conveyance, so far as it could be given by their own people ; and likewise show, that the particular…

2Cited by385 opinions

  1. United States v. WheelerSupreme Court of the United States · 1978
  2. Worcester v. GeorgiaSupreme Court of the United States · 1832
  3. Oneida Indian Nation v. County of OneidaSupreme Court of the United States · 1974
  4. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831
  5. Shively v. BowlbySupreme Court of the United States · 1894

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