Citation. 21 U.S. 543, 5 L. Ed. 681,1823 U.S. 8 Wheat. 543.
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Two non-Native American groups claimed title to land in Illinois.
Synopsis of Rule of Law.
Native Americans do not have title to land on which they live; they only have possession. Since they do not have title, they cannot convey title to others.
Facts.
Johnson inherited a tract of land from his father, who bought the land from the Piankeshaw Indians. M’Intosh was later granted title from the United States government. Johnson and M’Intosh filed an action for ejectment.
Issue.
Do Native Americans possess title to their land?
Held.
No.
Native Americans have the right of possession of the land on which they live. But, they do not have title to the land because they do not have a concept of individual property rights. Since they do not possess title, they cannot convey title to others.
The United States has exclusive title to land because of the discovery and conquest of America by Europeans. Thus, when title originally comes from the United States, that title has priority over any conveyance of land by an Indian tribe. For all parcels of land in America, the chain of title begins with the United States government.
Discussion.
Chain of title begins with the United States government because of the conquest of America by Europeans. Native Americans only have a right to live on the land.
