List of United States Supreme Court cases, volume 21


This is a list of cases reported in volume 21 of United States Reports, decided by the Supreme Court of the United States in 1823.

Nominative reports

In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions.

Henry Wheaton

Starting with the 14th volume of U.S. Reports, the Reporter of Decisions of the Supreme Court of the United States was Henry Wheaton. Wheaton was Reporter of Decisions from 1816 to 1827, covering volumes 14 through 25 of United States Reports which correspond to volumes 1 through 12 of his Wheaton's Reports. As such, the dual form of citation to, for example, Sexton v. Wheaton is 21 U.S. 229.

Justices of the Supreme Court at the time of 21 U.S. (8 Wheat.)

The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court...". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices. Under the Judiciary Act of 1789 Congress originally fixed the number of justices at six. Since 1789 Congress has varied the size of the Court from six to seven, nine, ten, and back to nine justices.
When the cases in 21 U.S. were decided, the Court comprised these seven justices:
PortraitJusticeOfficeHome StateSucceededDate confirmed by the Senate
Tenure on Supreme Court
John MarshallChief JusticeVirginiaOliver Ellsworth


July 6, 1835
Bushrod Washington
Associate JusticeVirginiaJames Wilson



November 26, 1829
William Johnson
Associate JusticeSouth CarolinaAlfred Moore


August 4, 1834
Henry Brockholst Livingston
Associate JusticeNew YorkWilliam Paterson


March 18, 1823
Thomas Todd
Associate JusticeKentuckynew seat


February 7, 1826
Gabriel Duvall
Associate JusticeMarylandSamuel Chase


January 12, 1835
Joseph Story
Associate JusticeMassachusettsWilliam Cushing


September 10, 1845

Notable Case in 21 U.S. (8 Wheat.)

''Johnson's Lessee v. McIntosh''

Johnson's Lessee v. McIntosh,, is a landmark decision of the U.S. Supreme Court which held private citizens could not purchase lands from Native Americans. The litigation began when the successor in interest to a private purchase from the Piankeshaw attempted to maintain an action of ejectment against the holder of a federal land patent. The case is one of the most influential decisions of the Marshall Court. Marshall's opinion lays down the foundations of the doctrine of aboriginal title in the United States, and the related doctrine of discovery. What the opinion holds as to aboriginal title is that it is inalienable, a principle that remains well-established law in nearly all common law jurisdictions.

Citation style

Under the Judiciary Act of 1789 the federal court structure at the time comprised District Courts, which had general trial jurisdiction; Circuit Courts, which had mixed trial and appellate jurisdiction; and the United States Supreme Court, which had appellate jurisdiction over the federal District and Circuit courts—and for certain issues over state courts. The Supreme Court also had limited original jurisdiction. There were one or more federal District Courts and/or Circuit Courts in each state, territory, or other geographical region.
Bluebook citation style is used for case names, citations, and jurisdictions.

List of cases in 21 U.S. (8 Wheat.)

Case NamePage and yearOpinion of the CourtConcurring opinionDissenting opinionLower courtDisposition
Green v. BiddleWashingtonJohnsonnoneC.C.D. Ky.certification
La NereydaStorynonenoneC.C.D. Md.reversed
Hunt v. Rousmanier's AdministratorsMarshallnonenoneC.C.D.R.I.reversed
Goldsborough v. OrrStorynonenoneC.C.D.C.affirmed
Sexton v. WheatonMarshallnonenoneC.C.D.C.affirmed
United States v. Wilsonper curiamnonenoneC.C.S.D.N.Y.certification
Greeley v. United Statesper curiamnonenoneC.C.D. Me.certification
The ExperimentStorynonenoneC.C.D. Mass.affirmed
Spring v. South Carolina Insurance CompanyLivingstonnonenoneC.C.D.S.C.reversed
Hughes v. Union Insurance CompanyJohnsonnonenoneC.C.D. Md.reversed
Buel v. Van NessJohnsonnonenoneVt.reversed
Nicholls v. WebbStorynonenoneD. La.affirmed
Fleckner v. Second Bank of the United StatesStorynonenoneD. La.affirmed
Nicholas v. AndersonStorynonenoneC.C.D. Ky.affirmed
The PittJohnsonnonenoneC.C.D. Del.affirmed
The Mary Ann PlumerMarshallnonenoneD. La.reversed
The Sarah HazardMarshallnonenoneD. La.reversed
The FrancesDuvallnonenoneD. La.reversed
The Luminary L'AmoureauxStorynoneJohnsonD. La.affirmed
Wallace v. WormleyStoryJohnsonnoneC.C.D. Va.affirmed
United Society Partners in the Gospel v. Town of New-HavenWashingtonnonenoneC.C.D. Vt.certification
Daly's Lessee v. JamesWashingtonJohnsonnoneC.C.D. Pa.affirmed
Johnson's Lessee v. McIntoshMarshallnonenoneD. Ill.affirmed
Gracie v. PalmerJohnsonnonenoneC.C.E.D. Pa.reversed
Childress v. EmoryStorynonenoneC.C.D.W. Tenn.affirmed
Siglar v. HaywoodMarshallnonenoneC.C.D.E. Tenn.reversed
City of Washington v. FrancisJohnsonnonenoneC.C.D.C.affirmed
Sneed v. WisterWashingtonnonenoneC.C.D. Ky.affirmed
Hugh v. HiggsMarshallnonenoneC.C.D.C.reversed
Gracie v. PalmerMarshallnonenoneC.C.E.D. Pa.dismissal denied