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Marengo Cave Co. v. Ross, 212 Ind. 624, 10 N.E.2d 917

Facts

The Marengo Cave Company claimed ownership of the entire cave, including the portion that extended under Ross's land. The cave was discovered in 1883, and since then, the company and its predecessors had exercised control over it, charging admission fees and making improvements. However, neither Ross nor his predecessors were aware that the cave extended beneath their property until a survey in 1932 revealed the boundary. Ross had continuously possessed his land since 1908 without any interference from the cave's owners.

Appellee has lived in the vicinity of said cave since 1903, and purchased the real estate which he now owns in 1908.

Issue

Did the Marengo Cave Company acquire ownership of the portion of the cave extending under Ross's land through adverse possession?

Did the Marengo Cave Company acquire ownership of the portion of the cave extending under Ross's land through adverse possession?

Rule

To establish title by adverse possession, the possession must be actual, visible, notorious, exclusive, and under a claim of ownership, and it must be continuous for the statutory period.

The possession must be actual, visible, notorious, exclusive, under claim of ownership and hostile to the owner of the legal title and to the world at large (except only the government), and continuous for the full period prescribed by the statute.

Analysis

The court found that the Marengo Cave Company's possession of the cave was not visible or notorious, as neither the company nor Ross had any knowledge that the cave extended beneath Ross's land until the survey was conducted. The court emphasized that possession must be open and known to the public, and since the cave's ownership was believed to be entirely under the company's land, the requirements for adverse possession were not met.

The evidence is not sufficient to support the verdict or that the verdict is contrary to law.

Conclusion

The appellate court affirmed the trial court's judgment in favor of Ross, concluding that the Marengo Cave Company did not establish ownership of the cave beneath Ross's land through adverse possession.

Judgment affirmed.

Who won?

John E. Ross prevailed in the case because the court determined that the Marengo Cave Company failed to meet the legal requirements for adverse possession.

The court's reasoning was that the Marengo Cave Company's possession was not open, notorious, or exclusive, as required by the law applicable to obtaining title to land by adverse possession.

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