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CLARK v. CARTER

No. 49639.

351 So.2d 1333 (1977)

Nolan CLARK et al. v. Willie Mae CARTER et al.

Supreme Court of Mississippi.

Rehearing Denied November 30, 1977.

Attorney(s) appearing for the Case

Riddell & Dabbs, Tally D. Riddell, Quitman, Heidelberg, Woodliff & Franks, Luther M. Thompson, Brunini, Grantham, Grower & Hewes, John M. Grower, Jackson, for appellants.

Bacon & Smith, L.O. Smith, Jr., Gerald, Brand, Watters, Cox & Hemleben, Martha W. Gerald, Jack W. Brand, Scott P. Hemleben, Jackson, Hugh Craig Forshner, New Orleans, La., John M. Sims, Heidelberg, Robert H. McFarland, Bay Springs, for appellees.

Before SMITH, BROOM and LEE, JJ.

LEE, Justice, for the Court:

Nolan Clark, et al., have appealed from an order of the Chancery Court of the First Judicial District of Jasper County, Mississippi, holding that an instrument designated "Mineral Right and Royalty Transfer" is a royalty transfer rather than a mineral deed.

The sole question involved is whether or not the instrument is a mineral deed or a royalty transfer. Numerous parties, including oil companies, were involved in the litigation...

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