Strong v. Makeever

On Petition for a Rehearing.

Zollars, J.

As stated in the principal opinion, this proceeding is based upon section 5035, E. S. 1881, which provides that “All public highways which have been or may hereafter be used as such for twenty years or more shall be deemed public highways; and the board of county commissioners shall have power to cause such of the roads used as highways as shall have been laid out but not sufficiently described, and such as have been used for twenty years but not recorded, to be ascertained, described, and entered of record.” In that opinion we said: “ By the explicit…