Petersen v. Combe

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 tract of land immediately east of the Combe land, that the access road running through it “has been dedicated as a public street by Weber County,”…