Supreme Court of Alabama June 15, 1854 (Simpson v. Talbot)

GOLDTHWAITE, J. —

This action was brought by the appellant against the appellee to recover the penalty of one hundred dollars, under the statute relating to estrays (Clay's *470Dig., 550, § 5). Tlio animal strayed was a cow; and the first count in the declaration avers that the defendant, within twelve months after the straying, killed and appropriated the estray to his own use.