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PETERSEN v. COMBE

No. 11009.

438 P.2d 545 (1968)

20 Utah 2d 376

Vern H. PETERSEN and Georgia Petersen, husband and wife, Reed L. Petersen and Ethel L. Petersen, husband and wife, Plaintiffs and Respondents, v. Jule COMBE, Jr., and Jule Combe, Sr., Defendants and Appellants.

Supreme Court of Utah.

March 6, 1968.

Attorney(s) appearing for the Case

I. Gordon Huggins, Ogden, for defendants and appellants.

Keith E. Murray, Ogden, for plaintiffs and respondents.

HENRIOD, Justice:

Appeal from a judgment declaring a country road a "public highway" by public use for 10 years, under the provisions of Title 27-12-89, Utah Code Annotated 1953. Reversed. No costs awarded.

The complaint in this case is not bottomed on Title 27-12-89 and the judgment, in basing its conclusion thereon, departs from the plaintiff's theory and prayer for relief.

The complaint simply says that plaintiffs are owners and subdividers of a...

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