Anderson v. Locke
Mississippi Supreme Court
Appeal from the. Circuit Court of Lowndes County. Hon. W. M. Rogers, Judge. A. Y. Locke is a resident of supervisors’ district No. 5, Lowndes County. Mrs. V. A. Anderson is a resident of Clay County, near the Lowndes County line.
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Appeal from the. Circuit Court of Lowndes County. Hon. W. M. Rogers, Judge. A. Y. Locke is a resident of supervisors’ district No. 5, Lowndes County. Mrs. V. A. Anderson is a resident of Clay County, near the Lowndes County line. Mrs. Anderson’s cattle were found trespassing upon the cultivated fields of Locke, which fields were without fences, and he took them up, put them in his pasture, and immediatedy notified Mrs. Anderson that she could get them by paying the charges fixed by an act of 1882 (Acts of 1882, page 232), entitled “An Act' to prevent stock running at large in certain…
1Opinion of the CourtArnold, J.
The common-law doctrine which requires the owner of stock to keep them off the land of others, to fence in his own, rather than to fence out the stock of others, and makes him liable for trespass committed by them, and precludes him from recovering damages for *287any injury they may sustain by going on the land of others, does not prevail in this State. But the subject is within the power and control of the legislature, and no legal right is violated, and there is no cause to complain, when one is required by law to keep his stock off the land of others.
It is admitted that in the seizure and…
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