In 1831, the Menominee tribe turned over part of their reservation in Wisconsin to the United States for use by the Stockbridge Indians.

The federal government brought an action in common law known as a writ of replevin to recover the logs from Cook.

The only side to present an argument was the United States, Cook was not represented before the Court.

[3] Justice Waite noted that this had been decided in Johnson v. McIntosh[4] 50 years earlier, in 1823.

[7] The sale must be incidental to the improvement, and if not, the federal government may take legal action to recover the lumber.