Marengo Cave Co. v. Ross Case Brief Summary | Law Case Explained

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Marengo Cave Co. v. Ross | 10 N.E.2d 917 (1937)

Back in 1883, some Indiana kids found the mouth of a massive cavern that extended far underground. The landowner started charging admission to what became known as Marengo Cave, later incorporated as Marengo Cave Company. It turned out, many years later, that this cave lay partly under a neighbor’s land. Marengo Cave Company versus Ross considered whether Marengo had acquired title to this land through adverse possession.

Marengo Cave became a well-known attraction. For forty-six years, the company claimed the right of exclusive ownership of the cave and all its subterranean passages. It assumed that the cave lay entirely beneath the plot of land containing its entrance. The cave itself was never listed for taxation separately from that land. The company made improvements to make visitor access easier and advertised heavily to attract tourists.

John Ross purchased a plot of land near the entrance to the cave in 1908. In 1929, a survey revealed that the cave extended below Ross’s property.

Ross sued Marengo Cave Company to quiet title to the portion of the cave beneath his land. Marengo countered that it owned the entire cave in fee simple, including the portion below Ross’s land due to adverse possession. The court ordered a survey, which confirmed that some of the cave lay below Ross’s property. The trial court found for Ross. Marengo appealed to the state supreme court.

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