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Texas Wesleyan Law Review

Publication Date

3-1-2012

Document Type

Article

Abstract

The Mississippi receivership statute is routinely used to lease interests of unfound mineral owners and unfound or unknown heirs. By its decision in the Spectrum Oil case, the court of appeals now suggests that the term "all interested parties" includes collateral heirs whose interests may be affected by the receivership. This construction is contrary to what has been the common practice by attorneys utilizing the receivership leasing scheme. The court is, for all practical purposes, requiring that a determination of heirship be conducted whenever a receivership lease is sought. In Mississippi, section 91-1-27 through section 91-1-31 of the Mississippi Code provide for the only method for a conclusive determination of heirship. This heirship procedure requires publication for the heirs of the intestate. Regardless, the ruling in Spectrum Oil should only impact an unknown heir situation, such as the one addressed, and not known but unfound record mineral owners.

DOI

10.37419/TWLR.V18.I3.11

First Page

535

Last Page

540

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