Davis v. State
Supreme Court of Alabama
Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. The statute protects the actual possession of the property and not the mere constructive possession arising out of ownership, and where the party is not in actual possession, the offense is not committed.' — Watson v. The State, 63 Ala. 23; McLeod v. McLeod, 73 Ala. 43; Bohannon v. The State, (Ala.); Goldsmith v. The State, 86 Ala. 55; Brunson v. The State, 140 Ala. 201.- The actual possession of the property…
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Appeal from Mobile City Court. Heard before Hon. O. J. Semmes. The statute protects the actual possession of the property and not the mere constructive possession arising out of ownership, and where the party is not in actual possession, the offense is not committed.' — Watson v. The State, 63 Ala. 23; McLeod v. McLeod, 73 Ala. 43; Bohannon v. The State, (Ala.); Goldsmith v. The State, 86 Ala. 55; Brunson v. The State, 140 Ala. 201.- The actual possession of the property ivas at the time surrendered to Davis for the purpose of doing the work under contract. — Ferris v. Hoaglon, 121 Ala. 243;…
1Opinion of the CourtMcCLELLAN, C. J.
The evidence is without dispute as to the ownership of the land upon which it is alleged the defendant trespassed after warning; it was the land of Mrs. S. I-T. Smith. It is also shown without controversy that the defendant Avent upon this land immediately after being Avarned not to go upon it by Mrs. Smith through her authorized agent. It only remains to be considered whether the defendant had the right to go. on the land notAvitlistanding the facts just stated. His only claim of such right is based solely upon the fact that lie had entered into a Avritten contract Avitli Mrs. Smith to…
2Cases cited1 opinion
- Davis v. BronsonNorth Dakota Supreme Court · 1891
3Cited by3 opinions
- United States Shipping Board Emergency Fleet Corp. v. Sherman & Ellis, Inc.Supreme Court of Alabama · 1922
- Smith v. DavisSupreme Court of Alabama · 1907
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937