Marengo Cave Co. v. Ross

212 Ind 624 (1937)

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Nature of the Case

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Facts

A cave extended under a considerable portion of land belonging to both parties. On appellant's land was the opening to the subterranean cavity known as Marengo Cave. D has used the cave for commercial purposes. The cave was discovered and used for that purpose for almost 25 years before P purchased the land next to it. D’s exclusive possession and use of the cave continued for another 21 years after P purchased his land. Prior to a survey, no one even knew that a portion of the case extended under P's land. This action arose over a dispute as to the ownership of the part of the cave that extended under the lands owned by P. D claimed ownership to the entire cave. P sued to quiet title and D countered. The verdict went to P and D filed a motion for a new trial which was denied by the trial court. This appeal ensued.