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MILLER V. MCCLAIN, 249 U. S. 308 (1919)

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U.S. Supreme Court

Miller v. McClain, 249 U.S. 308 (1919)

Miller v. McClain

No. 19

Submitted November 13, 1918

Decided March 31, 1919

249 U.S. 308

Syllabus

An Indian holding a trust patent under the General Allotment Act of 1887, who leases his allotment with permission granted under the Act of June 25, 1910, and the supplementary regulations of the Interior Department, may make a valid sale of his share of the crop reserved in the lease as rental. P. 249 U. S. 311.

Whether, apart from authority to lease, sale of the growing crop by the allottee would be void under the Act of 1887 in a state where such crops are personalty, not passed upon. P. 249 U. S. 309.

The concession that the allottee had written permission from the government to lease his allotment is taken as implying permission to lease for himself, based on a finding of capacity under the Act of 1910 and regulations, and not as referring to authority of the government to lease for the allottee in case of age, disability, etc., under the Act of May 31, 1900, 31 Stat. 221, 229. P. 249 U. S. 312.

95 Kan. 794 affirmed.

The case is stated in the opinion.





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