Glover v. Pugh

On Rehearing

Petitioner’s brief on rehearing contains the following statement:

“If trespassing cattle do not damage crops, shade or fruit trees or ornamental shrubs and flowers the right to pen up never accrues to the land owner.”

In the quoted statement, petitioner misconceives the law. § 82, Title 3, Code 1940, recites in pertinent part as follows:

“Any person who is the owner of, or in the lawful possession of, any land, or the agent of any such person, shall have the right to take possession of any livestock or animal found at large, uncontrolled, on his premises, or on premises of which he…