A way not laid out in a mode prescribed by statute, and not used twenty years as a highway, is not a highway. Gen. St., c. 68, s. 8 ; Rev. St., c. 63, s. 7. The town is not estopped, in this case, to deny that such a way is a highway. Haywood v. Charlestown, 34 N. H. 23; Northumberland v. A.' Sf S. L. Railroad, 35 N. H. 574; Smith v. Northumberland, 36 N. H. 38 ; Hall v. Manchester, 39 N. H. 296 ; Fames v. Northumberland, 44 N. H. 67 ; Stevens v. Nashua, 46 N. H. 192. In Gilbert v. Manchester, 55 N. IT. 298, the way had been used as a highway more than twenty years. When a way is a highway, the question may arise whether the town can divest itself of its duty of keeping it in repair. Watson v. Tripp, 11 R. I. 98.

Nonsuit.