Shaw v. State
Supreme Court of Alabama
Appeal from the County Court of Shelby. Tried before the Hon. D. It. McMillan. The prosecution in this case was commenced by an affidavit made by one W. P. Gilbert, charging that Andrew J. Shaw “did unlawfully, maliciously or negligently destroy, throw down or break a fence or inclosure, and did fail to immediately repair or rebuild the same, the said fence being the property of affiant.”
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Appeal from the County Court of Shelby. Tried before the Hon. D. It. McMillan. The prosecution in this case was commenced by an affidavit made by one W. P. Gilbert, charging that Andrew J. Shaw “did unlawfully, maliciously or negligently destroy, throw down or break a fence or inclosure, and did fail to immediately repair or rebuild the same, the said fence being the property of affiant.” The facts of the case relating to the claims of the defendant and of the prosecutor Gilbert to the contiguous lands and the submission of their claims to arbitration and the award, are sufficiently stated in…
1Opinion of the CourtSharpe, J.
Defendant owned the S. W. j: of the N. E. j- of a section of land, and W. P. Gilbert owned the adjoining S. E. I of N. W, J of 'same section. Neither party claimed to own beyond the true line dividing his legal subdivision of the section from the other; but that line being unascertained and in dispute they had surveys made by the county surveyor, one Christian, who marked a surveyed line known as the Christian line. The survey was not satisfactory to the parties, and they submitted the ascertainment of the line to five persons as arbitrators, who acted as such and made an award in writing…
2Cases cited9 opinions
- Fort v. . AllenSupreme Court of North Carolina · 1892
- Byrd v. OdemSupreme Court of Alabama · 1846
- Sellick & Sellick v. AddamsNew York Supreme Court · 1818
- Smith v. DouglassIllinois Supreme Court · 1854
- Ehrman v. StanfieldSupreme Court of Alabama · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Adams v. StateSupreme Court of Alabama · 1912
- Cooper v. SlaughterSupreme Court of Alabama · 1912
- Goodman v. CarrollSupreme Court of Alabama · 1921
- Tabor v. CraftSupreme Court of Alabama · 1928
- Fuerst v. EichbergerSupreme Court of Alabama · 1931
6 more not listed; retrieve them via the Exa API.