Johnson v. M’Intosh Supreme Court of the United States, 1823. Facts: Joshua Johnson’s (plaintiff) father was one of a group of men granted a tract of land by the Piankeshaw Indians, who were living on the land, prior to the American Revolution in exchange for a sum of money. After the Declaration of Independence, the county of Illinois, in which the land was located, was created by the State of Virginia. The Virginia delegates to Congress then conveyed the land to the United States government. About 35 years later, the United States government sold a portion of the land to William M’Intosh (defendant). Procedural History: P sued D in a federal district court, which found for D. P appealed directly to the Supreme Court. Issue: Are land title transfers from Indian tribes to private individuals prior to the American Revolution recognized in a United States court? Holding: No, land title transfers are only valid when made under the prevailing government by the party with the right to transfer the land. Judgment affirmed. Reasoning: Land titles transferred by Indians to private individuals under foreign rule before the American Revolution are not recognized in the United States. Discovery of land brings with it the right to obtain title either by purchase or conquest, subject to the Indians’ right of occupancy. However, the treaty ending the American Revolutionary War transferred sovereignty and power of the lands under such transfers from the British to the United States. The land conveyance to Johnson in this case was made under English rule. After the American Revolution, the land came under American rule and thus the transfer to Johnson became invalid under American law. Additionally, in the treaties between the Indians and the United States, the Indians had a right to annul the agreement with Johnson and reserve the land for themselves. However, because they did not do so, there is a presumption that they deemed that transfer to be no longer valid.