Montgomery v. Swarts

W. H. Montgomery and Francis T. Murphy, as plaintiffs, brought this action in the district court of McCurtain county to quiet title to, and recover possession of, 80 acres of .land in said county, as against the title under tax deed of Lee Swarts, the defendant. The parties will be referred to as they appeared in the trial court.

On November 22, 1948, the plaintiffs, as alleged record title owners of the real estate involved, filed their petition wherein they alleged that the resale tax deed, under which the defendant claimed title, was void under the holding in the case of Sires v. Parriott,…