Hester v. Shrouder

In addition to the above, speaking for myself alone: There is no evidence to authorize any inference that the plaintiff committed any crime. The plaintiff was in lawful possession of the land as tenant upon which the crops levied on were growing, and had the right to the use of the land as such tenant. He had a right under the law, as it prevailed in that county, to turn his hogs out to publicly graze, and was under no duty to fence his own fields or to keep the fences in repair against the intrusion of his own stock. He had a right to turn his hogs out, even though he knew they would go into…