Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. The case is one of the most influential and well-known decisions of the Marshall Court, a fixture of the first-year curriculum in nearly all U.S. As the facts were recited by Chief Justice John Marshall, the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. Supreme Court that held that private citizens could not purchase lands from Native Americans. (7 Wheat.) 543 (1823), also written M‘Intosh, is a landmark decision of the U.S. Johnson's lessees cannot eject McIntosh because their title, derived from private purchases from Indians, could not be valid.Ĭhief Justice John Marshall Associate Justices Bushrod Washington LEXIS 293Īppeal from the District Court of Illinois
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