Original Indian Title, 32 Minnesota Law Review 28 (1947)
RECENT decisions of the Supreme Court recognizing the validity
of original Indian title' make the existence and extent of
such aboriginal ownership a relevant issue in title examinations
whenever a chain of title is traced back to a federal grant or patent.
Grantees who have relied on the Great Seal of a federal department
as assuring the validity of land grant titles have not infrequently
discovered to their sorrow the truth of the old French
saying, "Meme le plus belle fille du monde ne peut donner que ce
que I'a." Not even the Federal Government can grant what it
does not have. The nature of Indian title and its extinguishment
thus becomes, in those states that have been carved out of the
Federal.public domain, a matter of concern to real property lawyers
Date of Authorship for this Version
native american, property, title
Cohen, Felix S., "Original Indian Title" (1947). Faculty Scholarship Series. Paper 4355.