Miller v. McClain

Background

Mishno, a member of the Prairie Band of the Pottawatomies, received land in Kansas held in trust by the United States. He leased the land for 1912 for half the corn as rent, sold his share of the prospective crop to McClain in May, and later sold that share again, leading to competing claims by McClain, Cooney, and Miller. The Act of February 8, 1887 generally barred conveyances or contracts touching allotted trust land, but later laws and regulations (1891–1910) authorized the Secretary of the Interior to permit leases in certain cases and to allow allottees to negotiate leases and choose cash or crop rent under rules adopted in 1910.

Reasoning

The Court focused on whether the lease itself was valid under the 1910 statute and regulations, not on whether a growing crop is a chattel under Kansas law. The lower court found, and the record shows without dispute, that the Government gave written permission allowing Mishno to lease his allotment. Because the 1910 law and the Secretary’s regulations authorized an allottee with permission to make leases and to fix crop rent, the Court held the lease was valid and that the sale of the tenant’s agreed crop share to McClain was therefore lawful and enforceable. The Court affirmed the lower court’s judgment holding Miller and Cooney liable to McClain for the corn or its value.

Real world impact

When an Indian allottee is given the statutory permission and meets the regulations, that allottee may lease trust land and agree to crop rent, and buyers of those agreed crop shares can enforce payment; later buyers may be held liable if the earlier sale was valid.