Cornelious v. State

SAMFORD, J.,

Section 3446 of the Code of 1923 applies alone to monuments, posts, or trees as the same refers to the boundaries of land. As used in this section, “monument,” “post,” and “tree” are used synonymously.

When relating to land a “monument” is some tangible landmark established to indicate a boundary. 9 Corpus Juris, 160. At the common law there was no criminal liability for removing a landmark. Robinson v. State, 7 Ala. App. 172, 62 So. 303.

Where statutes have been passed fixing a penalty for removing or destroying boundary marks, monuments, etc., they refer to and apply only to…