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BERGER v. BERGER

No. 7742.

88 N.W.2d 98 (1958)

Frank X. BERGER, also known as Frank Berger, Plaintiff and Respondent, v. Ray F. BERGER, also known as Raphael F. Berger; Susan Berger, also known as Susie Berger, and Eugene Berger, Defendants and Appellants.

Supreme Court of North Dakota.

February 13, 1958.

Attorney(s) appearing for the Case

Floyd B. Sperry, Golden Valley, Baird & Baird, Dickinson, for appellants.

Reichert & Reichert, Dickinson, for respondent.

JOHNSON, Judge.

This is an action in which the plaintiff asserts that there has been established by user or prescription a public road across the E½SE¼ of Section 30-141-91; that said road has been open and in use as a public highway for more than twenty years and that the public has established such prescriptive highway under the terms of Section 24-0701, NDRC 1943. He also asks that the defendants be enjoined and restrained from fencing and plowing up...

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