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STATE v. HULL

No. 34547.

97 N.W.2d 535 (1959)

168 Neb. 805

STATE of Nebraska ex rel. GAME, FORESTATION AND PARKS COMMISSION, Appellee, v. Clint HULL and Gretchen Hull, Husband and Wife, et al., Appellants, Impleaded with John Doe, et al., Appellees. RAT LAKE CLUB, INC., Appellee, v. Clint HULL and Gretchen Hull, Husband and Wife, et al., Appellants, Impleaded with John Doe, et al., Appellees.

Supreme Court of Nebraska.

July 3, 1959.

Attorney(s) appearing for the Case

W. B. Quigley, Valentine, Healey, Davies, Wilson & Barlow, Patrick W. Healey, Lincoln, for appellants.

Clarence S. Beck, Atty. Gen., H. G. Hamilton, Lincoln, for the State.

Perry, Perry & Nuernberger, Edwin C. Perry, Lincoln, John Evans, Broken Bow, for John Doe appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

BOSLAUGH, Justice.

The controversy in this litigation concerns the existence or nonexistence of a sandhill trail road across the land of appellants in Cherry County as a public road by prescription or implied dedication. Appellees assert that the sandhill trail road, hereafter referred to as the road, has been a thoroughfare used by the public for more than 10 years prior to September 19, 1956, under claim of right, adversely, openly, and continuously; that the road...

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