over land lost in 1800. The case related to the colonial government's Walking Purchase of 1737, an agreement of doubtful legal veracity. The court held that the justness of the extinguishment of aboriginal title is nonjusticiable, including in the case of fraud. Because the extinguishment occurred prior to the passage of the first Indian Nonintercourse Act in 1790, that Act did not avail the Delaware.

As a result, the court granted the Commonwealth's motion to dismiss. In its conclusion the court