86 Neb. 841 | Neb. | 1910
Lead Opinion
This is a controversy over a claim against Butler county for a strip of land used for a highway. The county board rejected the claim. Plaintiff appealed to the district court, and there recovered a judgment for $50. The matter is presented here on an appeal by defendant.
Plaintiff owned the north half of the northeast quarter of section 16, township 13, range 3, in Butler county. A strip 20 feet wide along the east side of her tract, as thus described, is the land for which the trial court allowed
Plaintiff contends, however, that the county board participated in proceedings to condemn a portion of her land for highway purposes, and thereby estopped the county from claiming it by prescription or adverse user. Twenty residents of the county commenced proceedings October 27, 1906, by filing with the county clerk a petition for •the opening of the road. A viewer, subsequently appointed, reported December 12, 1906, as follows: “I will report in favor of the opening of said road. It will re
The judgment of the district court is therefore reversed and the cause remanded for further proceedings.
Reversed.
Dissenting Opinion
dissenting.
The majority opinion sustains the county’s claim to the road in question by adverse user for more than ten years.