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BACKHAUS v. RENSCHLER

Civ. No. 9892.

304 N.W.2d 87 (1981)

Albert BACKHAUS, Plaintiff and Appellant, v. Neil RENSCHLER and Delores Renschler, Defendants and Appellees.

Supreme Court of North Dakota.

April 3, 1981.

Attorney(s) appearing for the Case

Frank J. Wikenheiser, Linton, and Wheeler, Wolf, Peterson & McDonald, Bismarck, for plaintiff and appellant; argued by Albert A. Wolf, Bismarck, and Frank J. Wikenheiser, Linton.

Schlosser & Schmitz, Bismarck, for defendants and appellees; argued by Orell D. Schmitz, Bismarck.

ERICKSTAD, Chief Justice.

This is an appeal by the plaintiff, Albert Backhaus, from the judgment of the District Court of Emmons County, dated July 11, 1980, dismissing Backhaus' action against the defendants, Neil and Delores Renschler. In his complaint, Backhaus sought to establish that a public road had been obtained by prescription over the Renschler's property under Section 24-07-01, N.D.C.C., which provides:

"24-07-01. Public roads by prescription...

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