Leggett v. Church of St. Pius of Cannon Falls

EVANS, Justice.

This is an action in trespass to try title to the oil, gas and other minerals in and under a ten acre tract in Colorado County. The plaintiff church is the record owner of the mineral estate, and the defendants’ claim is principally based upon adverse possession under the five and ten year statutes of limitation. After a non-jury trial, judgment was entered for the plaintiff, and the defendants appeal from that judgment.

The stipulated common source of title was Mrs. Louis E. Contella, a resident of Minnesota, who acquired the tract of land in 1913. Subsequently, in 1962, Mrs.…