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THOMPSON v. SHELL WESTERN E & P INC.

No. 89-CA-0068.

607 So.2d 37 (1992)

Vester THOMPSON, Charlie Applewhite and Robert W. Vaughan v. SHELL WESTERN E & P INC., Formerly Shell Oil Company, William H. Fuqua, Dan Wilson, Orel Bridges, Jr., Florida Exploration Company, Charles B. Parker, Partnership Properties Company, Jefferson B. Goldman, Jr., Jack D. Gooden, Elwood M. Ruhl, Conner D. Smith, Edward C. Andress, Paul D. Cate, Dalco Oil Company, First Mississippi Corporation, Toxey Puckett, Herschell J. McCunn, Continental Illinois Energy Development Corporation, Merchantile National Bank at Dallas, Grover B. Castle, Trustee, Jim R. Hamilton, Trustee, Cecile Wagner, Carl D. Wagner, Eugene J. McGarvey, Jr., William K. McGarvey, M.D., Mrs. Anna McClelland and Vaughn Daniel Yeager.

Supreme Court of Mississippi.

Rehearing Denied November 19, 1992.

Attorney(s) appearing for the Case

H. Craig Castle, Jr., Thomas J. Lowe, Jr., Jackson, for appellants.

Walker L. Watters, Gerald & Brand, Ernest O. Spencer, III, Spencer Tyra Crecink Marine & McKnight, Jackson, Ernest W. Graves, Kenneth E. Bullock, Gibbes Graves Mullins Bullock & Ferris, Laurel, for appellees.

En Banc.

PITTMAN, Justice, for the Court:

Vester Thompson, et al., instituted this action in the Chancery Court of Jefferson Davis County against Shell Western E & P, Inc., et al., alleging that: (1) an instrument executed on November 18, 1939, by J.M. and Anna Thompson was a Mineral Deed as opposed to a Royalty Deed; and (2) the signature of Anna Thompson on the 1939 instrument was a forgery and was in fact made by one of the complainants, Lura Thompson Applewhite.

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