Pierson v. Post
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| Pierson v. Post | |
| Court | New York Court of Appeals |
|---|---|
| Citation | 3 Cai. R. 175 |
| Date decided | 1805 |
Facts
- Mr. Post = an enthusiastic fox hunter
- Mr. Pierson = killer of the fox that Mr. Post was hunting
- Post claimed ownership of the dead fox in the early 1800s in the state of New York
- Pierson refused to hand over the dead fox
Procedural History
Post (regular fox hunter) sued Pierson for trespass.
Post won in the trial court.Issues
- Can a person obtain property rights over a wild animal merely by chasing it during a hunt?
- Who owns a dead animal?
Holding
Judge Daniel Tompkins (the future VP of the United States): Pierson acquired ownership of the fox when he killed it.
Judgment
Reversed
Resources
