McClain v. Miller

The, opinion of the court was delivered by

Marshall, J.:

This is an appeal from a judgment granting a new trial. Patrick Mish-no, a member of the Prairie Band of Pottawatomie Indians in Jackson county, Kansas, was allotted certain lands by the gov*795ernment, and held the same under a trust patent. Written permission was given him by the government to lease his allotment. This he did, for crop rent, for the year 1912. Afterwards, on May 23, 1912, he sold his one-half of the crop to the plaintiff, B. O. McClain. Later, Mish-no sold the corn to defendant Cooney, and delivered the corn to him after it…