Marengo Cave Co. v. Ross
Supreme Court of Indiana
10 N.E.2d 917 (1937)
Marengo (defendant) operated a cave discovered in 1883 as a tourist attraction, believing (until a 1932 survey) that the entire cave lay beneath its own land, though a substantial portion actually extended under neighboring landowner Ross's (plaintiff) property, whose surface boundary sat 700 feet from the cave's entrance. Ross sued to quiet title to the portion of the cave beneath his land, and Marengo claimed it had acquired the entire cave by adverse possession; the jury found for Ross, and Marengo appealed the denial of its motion for a new trial.
Whether possession of land is open and notorious only if it would give clear and unequivocal notice to the true owner or his agent visiting the land that the owner's rights are being invaded.