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Property Law Keyed to Cribbet
Failoni v. Chicago & North Western Railway Co
Facts
In this case, according to record title, the surface interest to land was held by Plaintiff and the mineral interest was held by Defendant. The Plaintiff contended that because the conveyances in her chain of title did not except the mineral interest she acquired color of title to the mineral interest, which had ripened into fee ownership under a statute, which provided that if a person having color of title paid all taxes legally assessed on the property for seven consecutive years the payor of such taxes will be adjudged to be the owner of the unoccupied and vacant land which the payor holds under color of title. The lower court found that the title to the mineral rights, except for coal, was owned in fee by the surface owner, the Plaintiff. The Defendant appealed.
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