Walker v. Watrous
Supreme Court of Alabama
Error to the Circuit Court of Shelby. TRESPASS m et armis, by the defendant against the plaintiff in error, for injury done to the crop of plaintiff, by the cattle of the defendant. The parties went to trial before the jury, upon the plea of not guilty.
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Error to the Circuit Court of Shelby. TRESPASS m et armis, by the defendant against the plaintiff in error, for injury done to the crop of plaintiff, by the cattle of the defendant. The parties went to trial before the jury, upon the plea of not guilty. From a bill of exceptions found in the record, it appears, that the plantations of the plaintiff and defendant, were separated by a partition fence ; that one-half of this fence belonged to each, and that the defendant’s part was low, dilapidated, and out of repair. It was also proved that the cattle of the defendant jumped into the cotton…
1Opinion of the CourtOrmond, J.
The decision of this case, must depend upon the proper construction of the act of 1807, in regard to “fences and enclosures.” [Clay’s Dig. 241.] The 4th section, which is to regulate this enquiry, provides, that “ For the better ascertaining, and regulating partition fences, it is hereby directed, that where any neighbors shall improve lands adjacent to each other, or where any person shall enclose any land adjoining to another’s land already fenced in, so that any part of the first person’s fence becomes the partition fence between them, in both these cases, the charge of such division…
2Cited by4 opinions
- Thompson v. StateSupreme Court of Alabama · 1880
- Garrett v. SewellSupreme Court of Alabama · 1891
- Gregg v. GreggSupreme Court of Pennsylvania · 1868
- Henry v. JonesSupreme Court of Alabama · 1856