The concept continued to be invoked in other common law jurisdictions, including New York in the 1852 case of De Peyster v. Michael6 NY 467, quoted in 28 Am. Jur. 2nd, Estates, §§ 3 & 4. and Australia in the 1992 case of Mabo v Queensland. In the latter case, the High Court affirmed that Elizabeth II was lord paramount over all formal land tenure in Australia while simultaneously establishing the concept of a native title over areas not explicitly legally held by others and continuously occupied by aboriginal people. per Brennan J para.51., pp. 5–7, 402.
