McMillan v. State
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill McMillan was convicted of trespassing upon land and cutting and removing timber therefrom, and he appeals.
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Appeal from Walker Law and Equity Court. Heard before Hon. T. L. Sowell. Bill McMillan was convicted of trespassing upon land and cutting and removing timber therefrom, and he appeals. The prosecution was begun by affidavit, and, omitting the formal charge, the affidavit was as follows: “In said county, Bill McMillan, alias William McMillan, knowingly entered upon the lands of the estate of B. M. Long, and cut down wood or timber growing thereon, with the intent to remove and appropriate the same to his own use; further, that Bill McMillan, alias William McMillan, knowingly entered upon the…
1Opinion of the CourtMcCLELLAN, J.
The defendant was convicted of a violation of Code 1907, § 7828. Tbe complainant contained three counts. Count 1 was stricken on demurrer.
Count 2 alleged tbe land entered to have been that of “P. M. Long, executor of B. M. Long’s estate.” As objected by demurrer to count 2, this averment of ownership Avas insufficient. Tbe title to lands, unless otherwise devised, vests eo instante upon death in the heirs of tbe decedent. Tbe personal representative takes no title to lands owned by-tbe decedent at tbe time of decease. Generally the scope of the right is limited to the appropriation of such…
2Cases cited1 opinion
- Walker v. StateSupreme Court of Alabama · 1895