Stevens v. McSwain

This is a suit to cancel a deed to the merchatable timber on land. It also involves a plea of res judicata. Simplifying the pleadings, Howard T. McSwain, appellee, brought this suit in the Chancery Court of Perry County against Clayton McSwain, Ben Stevens, and C. C. Riggs, Sr. The chancery court rendered a decree for complainant, which we affirm.

A. Allen McSwain was the owner of the 320 acres in question, when on July 1, 1929 the lands were sold to the State of Mississippi for delinquent ad valorem taxes. Thereafter A. Allen McSwain died. On September 25, *1801939 the State executed a…