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AARCO OIL & GAS CO. v. EOG RESOURCES, INC.

No. 2008-CA-01219-SCT.

20 So.3d 662 (2009)

AARCO OIL AND GAS COMPANY, Harrell Energy Corporation, Glenn G. Mortimer, III, Anne Mortimer Ballantyne; Dorchester Royalty; Wheless Investment Company; J.T. Trotter Trustee of the Joseph Sydney Wheless, Jr. 1974 Trust, J.T. Trotter, Executor of the Estate of Ada Nance Wheless, Paige Holloway, Successor Trustee of the Paige Holloway Trotter GST Exemption, Compass Bank, Trustee of the Barbara Trotter Collins GST Exemption Trust, Fielding L. Cocke, Camille Cocke Patton, and Tamara C. Jenkins v. EOG RESOURCES, INC., William Wallace Allred, Barber Minerals, Inc., Wiley Fairchild Family Trust, John M. Fairchild, Michael B. Moore and Lynn S. Jones in their Capacities as Trustees of the Wiley Fairchild Family Trust; and Fairchild-Windham Exploration Company, LLC.

Supreme Court of Mississippi.

October 29, 2009.

Attorney(s) appearing for the Case

Carey R. Varnado, Hattiesburg, Jefferson D. Stewart, Holmes S. Adams, Bernard Hess Booth, IV E. Stephen Williams, Lindsay Green Watts, John Sanford McDavid, Jackson, attorneys for appellants.

C. Glen Bush, John Hart Geary, Jr., Glenn Gates Taylor, Lindsey McGee Turk, Ridgeland, James L. Quinn, Watts Casper Ueltschey, Joseph Anthony Sherman, Jr., Jackson, Lawrence Cary Gunn, Jr., Hattiesburg, attorneys for appellees.

Before GRAVES, P.J., LAMAR and KITCHENS, JJ.

KITCHENS, Justice, for the court.

¶ 1. Both the plaintiffs and the defendants claim ownership to the mineral rights of two tracts of land situated in Covington County. The plaintiffs brought suit in the Covington County Chancery Court, alleging that the defendants' interest in the property was derived from an invalid tax sale in 1942. The chancellor granted summary judgment in favor of the defendants, finding that the tax sale was valid, and the plaintiffs appealed...

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