NYGAARD v. GETTY OIL CO.

Nos. 2003-CA-01605-SCT, 2004-CA-01614-SCT.

918 So.2d 1237 (2005)

Thomas Max NYGAARD v. GETTY OIL COMPANY, Chevron Texaco Corporation f/k/a Texaco U.S. and J.R. Pounds, Inc.

Supreme Court of Mississippi.

June 30, 2005.


Attorney(s) appearing for the Case

Ben F. Galloway, Gulfport, attorney for appellant.

David L. Martindale, Laurel, Forest M. Dantin, Columbia, attorneys for appellee.

Before SMITH, C.J., CARLSON and DICKINSON, JJ.


DICKINSON, Justice, for the Court.

¶ 1. Nine years following notice of the claim, Thomas Max Nygaard, as trustee for the Daisy Keith Trust, filed this lawsuit to recover underpaid oil and gas royalties. The central question on appeal is whether accrued mineral royalties are an interest in personalty with a three-year statute of limitations or an interest in land with a ten-year statute of limitations. Finding that...

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