Backhaus v. Renschler

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 Ren-schler’s property under Section 24-07-01, N.D.C.C., which provides:

“24-07-01. Public roads by prescription. — All public roads and highways within this state which have been or which shall be open and in use as such, during twenty successive years,…