by the United States Supreme Court in a series of decisions, most notably Johnson v. M'Intosh in 1823. In that case, Chief Justice John Marshall held that under generally accepted principles of international law, Discovery of lands previously unknown to Europeans gave the discovering nation title to that land against all other European nations, and this title could be perfected by possession. The nation discovering that land had "the sole right of acquiring the soil from the natives, and establishing settlements upon it." On discovery, the sovereignty of the indigenous peoples and their rights to sell their land were diminished, but their right of occupancy remained. The discovering nation, having ultimate title to the land, had the right to sell the land of indigenous peoples, subject to the latter's right of occupancy. This ultimate title of the discovering nation (in this case Britain) passed to the individual states after the Declaration of Independence, then to the US in 1789. Dunbar-Oritz states that the doctrine outlined in this case continues to influence American imperialism and treatment of indigenous peoples. Johnson v. M'Intosh Banner and Kades argue that the 1823 case was the result of collusive lawsuits where land speculators worked together to make claims to achieve a desired result. The plaintiff, Johnson, had inherited land originally purchased from the Piankeshaw tribes. Defendant McIntosh claimed the same land, having purchased it under a grant from the United States. In 1775, members of the Piankeshaw tribe sold certain land in the Indiana Territory to Lord Dunmore, Royal Governor of Virginia, and others. In 1805, the Piankeshaw conveyed much of the same land to William Henry Harrison, governor of the Indiana Territory, thus giving rise to conflicting claims of title. The court found, on three grounds, that it should not recognize the land titles obtained from Native Americans prior to American independence. A number of academics and Indigenous rights activists have argued that Chief Justice John Marshall had large real estate holdings that would have been affected if the case were decided in favor of Johnson. Decision Marshall found that ultimate title to land comes into existence by virtue of discovery and possession of that land, a rule that had been observed by all European countries with settlements in the New World. The United States had ultimate title of the land, as against other European nations, because it inherited that title from Britain and