State v. Halvorson

The sole question is whether the road is a public highway, at least where it crosses the land of the defendant. If it be a public highway, it had its inception as such by virtue of the proceedings of the town board laying out the same in 1898. Those proceedings were con-cededly irregular, and if it be a highway it must be by virtue of the provisions of sec. 80.01, Stats., that all highways which shall have been laid out by the supervisors of any town and recorded, “any portion of which shall have been opened and worked for the term of three years, shall be deemed to be and are hereby declared…