Morgan v. Utah Board of State Lands

TUCKETT, Justice.

The plaintiffs commenced this action to enjoin the defendants from issuing to a third party an oil and gas lease covering lands which were already subject to a lease running in favor of the plaintiffs and covering the oil contained in the bituminous sands found on said lands. We are here concerned chiefly with the issue as to whether or not the oil recoverable under the bituminous sand lease is the same mineral as that recoverable under an oil and gas lease.

Evidence was introduced in the court below as to the nature of the oil which could be taken from bituminous sands in…