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- Sep 2022
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docdrop.org docdrop.org
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we only have what's called the right of occupancy to the land like a fish would occupy water our bird would occupy the air and Europeans have the right of discovery to the land the fee title to the land
"Right of Occupancy" versus "Right of Discovery"
In the 1823 Supreme Court decision of Johnson vs. M'Intosh, the court determined that the "Right of Discovery"—where title to the land flowed from the government's discovery action—trumped the "Right of Occupancy"—where the native tribe transferred title to the land. This created the legal precedent for [[land titles]].
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