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WESTERN DEVELOPMENT COMPANY v. NELL

No. 8293.

4 Utah 2d 112 (1955)

288 P.2d 452

WESTERN DEVELOPMENT COMPANY, A CORPORATION, PLAINTIFF AND RESPONDENT, v. ARTHUR H. NELL AND LORNA V. NELL, HIS WIFE, AND LUELLA T. VOORHEES, DEFENDANTS AND APPELLANTS, D.S. BAKER, DEFENDANT, MOUNTAIN FUEL SUPPLY COMPANY, A CORPORATION, THIRD-PARTY DEFENDANT AND RESPONDENT, AND HENRY I. VOORHEES AND AILEEN VOORHEES, HIS WIFE, AND HILLARD VOORHEES AND PEARL VOORHEES, HIS WIFE, THIRD-PARTY DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

October 11, 1955.

Attorney(s) appearing for the Case

Gustin, Richards & Mattsson, Richfield, for appellants.

Rich, Elton and Mangum and B.Z. Kastler, Salt Lake City, for respondents.

McDONOUGH, Chief Justice.

The appellants are defendants and third-party defendants in two civil actions instituted by Western Development Company to quiet title to gas and oil rights in two tracts of land, here identified as Tract I and Tract III.

On March 29, 1916, the Knight Investment Company deeded Tract I to Isaac D. Voorhees, predecessor in interest of the Appellants Henry I. and Hillard Voorhees, with the following reservations:

"Reserving...

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