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Johnson v. M'Intosh | 21 U.S. 543 (1823)

If you think that nineteenth-century legal opinions don’t affect you, the United States Supreme Court’s 1823 decision in Johnson versus M’Intosh may change your mind. Right now, you’re sitting on a piece of land owned by some person or entity. That owner obtained it from the prior owner, who got it from the prior owner, and so on, in what’s called a chain of title. If you went to your local register of deeds office, you’d probably find that the land was first deeded by the United States government, or by a state government. But what about land grants that go back even further than that?

Prior to 1773, Native American tribes controlled large amounts of land in what’s now southern Illinois. Between 1773 and 1775, Thomas Johnson purchased large tracts of land from a number of tribes. Johnson died in 1819. His interest in the land passed to his son Joshua Johnson and grandson Thomas Graham.

In 1818, the United States deeded nearly twelve thousand acres to William M’Intosh, including the land purchased by Johnson.

Johnson and Graham sought an ejectment order against M’Intosh in the United States District Court for the District of Illinois. The district court ruled for M’Intosh. Johnson and Graham appealed directly to the United States Supreme Court.

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