Summary

Smith v. McCullough (270 U.S. 456…

A lease not within that permission evidently was intended to be left where it was before-within the general prohibition and invalid. Otherwise the allottees would be exposed to much of the evil intended to be excluded; for of course many intending lessees would be disposed to obtain leases for long terms if no other risk was run than that of having their rights held down to the maximum admissible term, if the allottee or the United States should discover the situation and take proceedings to correct it.
Source: Wikisource

Smith v. McCullough (270 U.S. 456…

The first question on the merits is, whether the act of 1906 and the conveyance made to Kellett with the approval of the Secretary of the Interior took the land entirely out of the prior restrictions on its alienation, so that when that conveyance had served its purpose and the reconveyance to the allottee was made he was free to lease the land, and even to sell it, as he saw fit. The plaintiffs contend that the answer should be in the affirmative.
Source: Wikisource

Smith v. McCullough (270 U.S. 456…

The act of 1895 declared broadly that the allotments should be inalienable for 25 years from the date of the patents, and the act of 1897 relaxed that restriction to the extent only of permitting the allottees to lease not exceeding a term of 3 years for farming or grazing purposes, or 10 years for mining or business purposes. Thus it was beyond the power of any allottee, on his own volition, to grant any interest in his allotment during the 25-year period otherwise than by a lease permitted by the act of 1897.
Source: Wikisource

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