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AUERBACH v. PARKER

87-1268.

544 So.2d 943 (1989)

Edwin H. AUERBACH and Elva Auerbach v. Richard PARKER.

Supreme Court of Alabama.

April 28, 1989.

Attorney(s) appearing for the Case

John T. Alley, Jr. and William B. Alverson, Jr. of Webb, Crumpton, McGregor, Sasser, Davis & Alley, Montgomery, for appellants.

Stephen M. NeSmith of Riggs, NeSmith & Halstrom, Montgomery, for appellee.

ADAMS, Justice.

Edwin H. Auerbach and Elva Auerbach appeal from the trial court's judgment that a rural Montgomery County road running over land owned by Richard Parker to land owned by the Auerbachs is not a public road and that the Auerbachs have not acquired an easement by prescription for the road's use.

The old "farm market wagon road" at issue, which appears on a 1901 map, connects Hillabee Road with Mount Zion Road in rural Montgomery County and was...

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