DIR Return Create A Forum - Home
       ---------------------------------------------------------
       Kanagaroo Kort
  HTML https://kangarookort.createaforum.com
       ---------------------------------------------------------
       *****************************************************
   DIR Return to: Property
       *****************************************************
       #Post#: 5--------------------------------------------------
       Johnson v. M’Intosh [kangarookort.com]
       By: kangaroo Date: January 26, 2011, 6:04 pm
       ---------------------------------------------------------
       Johnson v. M’Intosh
       FACTS:  P purchased lands from the Piankeshaw Indians and the D
       received the same lands from the United States government
       T1: Indians gave land by deed to plaintiff
       T2: US gave land to D by patent
       T3: Litigation
       PROCEDURE:
       •
       full trial)
       •
       of the property)
       ISSUE: Who has paramount to the title of the land: one who takes
       title from an Indian tribe or one who takes title from the
       United States government?
       RULE: …the Indian inhabitants are to be considered merely as
       occupants, to be protected, indeed, while in peace, in the
       possession of their lands, but to be deemed incapable of
       transferring the absolute title to others. (9)
       -  Purchaser of the land title of the US government has a
       superior title to one claiming ownership from Indian occupants
       (PUT IN OWN WORDS!!!)
       ANALYSIS:
       -
       Indians established an aboriginal title, including the US gov’t,
       plaintiff purchased the title from the Indians, hence the
       plaintiff has a better claim than the defendant
       -
       possession of the land, transferred to the US by treaty, US
       transferred the land to the D by means of a patent, based on
       this title claim, the defendant had a stronger claim
       -
       Indians only had occupancy rights, not full ownership (full
       right to control property)
       -
       title, charged with this right of possession, and to the
       exclusive power of acquiring that right…
       CONCLUSTION:
       -
       recognized by the Courts.  Thus, the defendant has a stronger
       claim and is entitled to the property.
       -
       lose the land?
       (1)
       than one sovereign b/c ALL LAND TITLES DESCEND FROM ONE
       SOVEREIGN
       (2)
       (3)
       (1)
       (2)
       it is transferred it is a derivative title (one cannot pass a
       better title than one actually has)
       *****************************************************