STEVENS, ET AL. v. McSWAIN

No. 41670.

240 Miss. 178 (1961)

126 So.2d 263

STEVENS, et al. v. McSWAIN

Supreme Court of Mississippi.

January 23, 1961.


Attorney(s) appearing for the Case

Ben Stevens, Hattiesburg; Jesse W. Shanks, Purvis, for appellants.

Wm. V. Murry, Hattiesburg, for appellee.


ETHRIDGE, J.

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...

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